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MONTANE RESOURCE ASSOCIATES v. GREENE

No. 24799.

974 P.2d 510 (1999)

132 Idaho 458

MONTANE RESOURCE ASSOCIATES, a partnership, Plaintiff-Respondent, v. Richard and Linda GREENE, husband and wife, Defendants, and Heber Jacobsen, Defendant-appellant.

Supreme Court of Idaho. Pocatello, October 1998 Term

March 10, 1999.

Attorney(s) appearing for the Case

Lowell N. Hawkes, Chtd., Pocatello, and Woodbury & Hales, P.C., Salt Lake City, Utah, for appellant. David R. Williams argued.

Dial, Looze & May, Pocatello, for respondent. John K. Looze argued.

SCHROEDER, Justice

This is an appeal from a district court's order denying a motion to set aside a default judgment under Rule 60(b)(1) of the Idaho Rules of Civil Procedure (I.R.C.P.). The defendant—appellant, Heber Jacobsen (Jacobsen), claims excusable neglect for not responding to the summons and complaint served on him by plaintiff-respondent, Montane Resource Associates (Montane). The Court reversed the district court by a majority concurring in the result...

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