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ESTES v. ASHLEY HOSPITALITY, INC.

No. 22823.

679 N.W.2d 469 (2004)

2004 SD 49

Bret M. ESTES, Plaintiff and Appellee, v. ASHLEY HOSPITALITY, INC., A South Dakota corporation, and John Ashley, individually, Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 14, 2004.

Attorney(s) appearing for the Case

Michael V. Wheeler of DeMersseman, Jensen, Christianson, Stanton & Huffman, Rapid City, South Dakota, Attorneys for plaintiff and appellee.

George J. Nelson, Rapid City, South Dakota, Attorney for defendants and appellants.

MEIERHENRY, Justice.

[¶ 1.] The defendants, John Ashley and Ashley Hospitality, Inc. claim that a letter sent to the plaintiff's attorney in response to a Summons and Complaint constituted an Answer sufficient to withstand a default judgment, or in the alternative, that the Default Judgment should be set aside because of excusable neglect. We affirm.

FACTS

[¶ 2.] Brett Estes sued Ashley and Ashley Hospitality for defaulting on a $50,000...

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