KOVACHY v. DeLEUSOMME

No. 19505.

842 P.2d 309 (1992)

122 Idaho 973

Sigmund KOVACHY, III, and Joyce L. Kovachy, husband and wife, Plaintiffs-Respondents, v. Dennis DeLEUSOMME and Jane Doe DeLeusomme, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

Petition for Review Denied December 30, 1992.


Attorney(s) appearing for the Case

Everett D. Hofmeister, Coeur d'Alene, for appellants.

Jenkins & Leggett, Coeur d'Alene, for respondents. Janet E. Jenkins argued.


SILAK, Judge.

Dennis DeLeusomme appeals the district court's decision denying his motion to vacate a default judgment. DeLeusomme argues that his failure to pick up his mail, which contained a certified notice required by I.R.C.P. 11(b)(3), coupled with the fact that he was misled by ongoing settlement negotiation, constituted excusable neglect under I.R.C.P. 60(b). The district court found that his conduct did not constitute excusable neglect. We reverse and remand...

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