BRANDENBURG v. FETERL MFG. CO.

No. 98-04.

603 N.W.2d 580 (1999)

Sheila Kristin BRANDENBURG, Executor of the Estate of Stephen Francis Brandenburg, Deceased; Sheila Kristin Brandenburg, Individually; Matthew Brandenburg; Mark Brandenburg; and Sheila Brandenburg, As Mother and Next Friend of Seana Brandenburg, Alexander Brandenburg, and Joseph Brandenburg, Minors, Appellees, v. FETERL MFG. CO., A Subsidiary of Core Industries, Inc., Appellant.

Supreme Court of Iowa.

December 22, 1999.


Attorney(s) appearing for the Case

John C. Gray of Heidman, Redmond, Fredregill, Patterson, Plaza & Dykstra, L.L.P., Sioux City, for appellant.

Joseph L. Fitzgibbons of Fitzgibbons Law Firm, Estherville, for appellees.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, NEUMAN, and TERNUS, JJ.


LAVORATO, Justice.

The defendant in this personal injury action appeals from a district court ruling denying the defendant's motion to set aside a default and default judgment entered in favor of the plaintiffs. We conclude there was not substantial evidence to support the district court finding that the defendant willfully ignored and defied the rules of procedure in failing to defend in a timely manner. We therefore hold the district court abused its discretion...

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