Squire E. Parsons v. Consolidated Gas
1979.WV.64, 256 S.E.2D 758, 163 W.VA. 464
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Publisher Description
Where, under the West Virginia Rules of Civil Procedure, a defaulting party has litigated the issue of unavoidable cause or excusable neglect on a Rule 6(b) motion prior to the entry of a default judgment, he need not relitigate this issue by a Rule 60(b) motion upon the entry of the default judgment, but may directly appeal the default judgment.