SCHRAUFNAGEL v. QUINOWSKI

No. 16693.

747 P.2d 775 (1987)

113 Idaho 753

Dale T. SCHRAUFNAGEL, Plaintiff-Respondent, v. Charles D. QUINOWSKI, Defendant-Appellant.

Court of Appeals of Idaho.

December 14, 1987.


Attorney(s) appearing for the Case

Allen H. Browning, Boise, for defendant-appellant.

John T. Schroeder, Boise, and Gary K. Kiyuna, (argued), Nyssa, Or., for plaintiff-respondent.


BURNETT, Judge.

We are asked to decide whether, in the peculiar circumstances of this case, a pro se litigant's misunderstanding of court procedure constituted excusable neglect under I.R.C.P. 60(b)(1). The district court said no. We reverse.

Dale Schraufnagel sued Charles Quinowski for money allegedly due on a promissory note. Rather than seek the advice of legal counsel, Quinowski opted to represent himself. He appeared and filed an answer generally...

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