Civil Practice – Rule 60(b) Motion – Domestic Relations – Divorce & Separation Agreement – Pro Se Defendant

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Dixon v. Dixon (Lawyers Weekly No. 15-16-1065, 8 pp.) (Linda Stephens, J.) Appealed from Rowan County District Court (Beth Dixon, J.) N.C. App. Unpub.

Holding: The pro se defendant acknowledges that the basis for his motion under N.C. R. Civ P. 60(b) was that he did not realize he needed to be present at the trial on plaintiff’s motion for absolute divorce in order to raise his objections to incorporating the parties’ separation agreement into the divorce judgment. Defendant does not argue how this misunderstanding on his part falls under Rule 60(b), nor does he suggest newly discovered evidence or fraud as grounds for his Rule 60(b) motion. At best, he implies that he did not understand the legal import and requirements of the proceedings; however, mistakes of law do not constitute excusable neglect under Rule 60.

We affirm the trial court’s denial of defendant’s Rule 60 motion.