MASTERS v. LeSEUER

No. 9574.

13 Utah 2d 293 (1962)

373 P.2d 573

AUDREY K. MASTERS, PLAINTIFF AND RESPONDENT, v. MAXINE LeSEUER, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

July 25, 1962.


Attorney(s) appearing for the Case

Norman Wade, Salt Lake City, for appellant.

Ronald N. Boyce, Salt Lake City, for respondent.


WAHLQUIST, District Judge.

In this case an answer to a complaint was not filed within the time provided for under the rules. Relief was requested under Rule 60(b), Utah Rules of Civil Procedure on the grounds of inadvertence and excusable neglect.

The affidavit in support of the motion simply states the attorney thought he had filed an answer but now concedes he had mistakenly not done so. The error occurred in an ordinary memory lapse accompanied and facilitated...

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