Jim Walter Homes, Inc. v. Peartree , 28 N.C. App. 709 ( 1976 )

Judge Vaughn

concurring.

I concur in the result of this opinion. Although there was some testimony from which the judge could have concluded that defendant’s failure to appear at trial was excusable, there is not a scintilla of evidence to indicate that his counsel, Mr. Woolard, neglected the case. Instead, it affirmatively appears from the record that Mr. Woolard went to great lengths to protect a procrastinating client.