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DEAN WITTER REYNOLDS, INC. v. ROVEN

No. 12605.

609 P.2d 720 (1980)

DEAN WITTER REYNOLDS, INC., Plaintiff-Appellee, v. Phillip M. ROVEN and Joyce Roven, Zerlina, Inc. and The Looking Glass, a New Mexico Sole Proprietorship composed of Phillip Roven and Joyce Roven, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied March 18, 1980.

Attorney(s) appearing for the Case

Louis J. Vener, Albuquerque, for defendants-appellants.

Eaves & Darling, John M. Eaves, Jeffrey J. Dempsey, Albuquerque, for plaintiff-appellee.

OPINION

SOSA, Chief Justice.

Defendants appeal from an order of the district court refusing to set aside a default judgment for a debt upon a commodity account.

The first issue is whether the trial court abused its discretion by denying the defendant's Rule 55(c) motion to vacate in accordance with Rule 60(b)(1) on the grounds of mistake, inadvertence, surprise or excusable neglect. N.M.R.Civ.P. 55(c), N...

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