WASHINGTON FED. SAV. v. TRANSAMERICA

No. 20370.

865 P.2d 1004 (1993)

124 Idaho 913

WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION, Successor by Merger to United First Federal Savings and Loan Association, Plaintiff-Appellant, v. TRANSAMERICA PREMIER INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Idaho.

December 30, 1993.


Attorney(s) appearing for the Case

Davison, Copple, Copple Copple & Ludwig, Boise, for appellant. Terry C. Copple, argued.

Brady, Lerma & Thomas, Ctd., Boise, for respondent. Rebecca A. Broadbent, argued.


WALTERS, Chief Judge.

In this case we decide whether the district court erred when it granted a motion under I.R.C.P. 60(b)(1) to set a aside a default and default judgment, when the "excusable neglect" presented as the grounds for the motion was based on a mistake of law. We hold that the district court abused its discretion by granting the motion. Therefore, we vacate the order and reinstate the default judgment. Our decision necessarily requires us to vacate a...

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