JOHNSON v. EAGLES LODGE AERIE 3913

No. 97-100.

945 P.2d 62 (1997)

Robert L. JOHNSON, Plaintiff and Appellant, v. EAGLES LODGE AERIE 3913, Ralph Ducharme, Trustee, and Robert Eugene Adams, Defendants and Respondents.

Supreme Court of Montana.

Decided September 22, 1997.

Rehearing Denied October 21, 1997.


Attorney(s) appearing for the Case

Matthew H. O'Neill, French, Mercer, Grainey & O'Neill, Polson, for Plaintiff and Appellant.

Susan P. Roy, Lucy T. France, Garlington, Lohn & Robinson, Missoula, for Defendants and Respondents.


HUNT, Justice.

This is an appeal from the District Court of the Twentieth Judicial District, Lake County. Appellant Robert L. Johnson (Johnson) appeals from the order setting aside default and default judgment. We reverse.

The following issues are presented on appeal:

1. Did the District Court lose jurisdiction by failing to rule within 60 days of the date the motion to set aside the default judgment was filed?

2. Was the motion to set aside...

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