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EXOTEX CORP. v. RINEHART

No. 97-234.

3 P.3d 826 (2000)

EXOTEX CORP., a Nevada corporation, Appellant (Defendant), v. James H. RINEHART, d/b/a Western United Realty, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 5, 2000.

Attorney(s) appearing for the Case

Representing Appellant: Douglas W. Weaver, Wheatland, Wyoming.

Representing Appellee: Kevin D. Huber of Huber Law Offices, P.C., Laramie, Wyoming.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN, and TAYLOR, JJ.

THOMAS, Justice.

In this case, we hold that a default judgment entered by a clerk of court pursuant to W.R.C.P. 55(b)(1) is void when the theories of recovery that are pleaded do not permit a conclusion that the plaintiff's claim "is for a sum certain, or for a sum which can by computation be made certain." The district court denied a motion to set aside the default judgment entered...

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