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ROSO v. HENNING

No. 19934.

566 N.W.2d 136 (1997)

1997 SD 82

Eric A. ROSO, Plaintiff and Appellee, v. Daniel HENNING and Veblen Cheese Factory, Inc., Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 9, 1997.

Attorney(s) appearing for the Case

Nancy J. Turbak of Turbak Law Office, Watertown, for plaintiff and appellee.

Steven M. Johnson, Mark F. Marshall of Johnson, Heidepriem, Miner, Marlow & Janklow, Sioux Falls, for defendants and appellants.

KONENKAMP, Justice.

[¶ 1.] Following service of a summons and complaint with no response, plaintiff obtained a default judgment without notice to defendants. Yet before suit, plaintiff and defendants' insurer engaged in settlement negotiations. Was this a sufficient "appearance" to require notice before taking a default judgment? We conclude these negotiations constituted an appearance, and defendants' failure to respond resulted from excusable neglect. We therefore...

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