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SUITTS v. NIX

No. 30493.

117 P.3d 120 (2005)

Richard and Kathryn SUITTS, individuals, Plaintiffs-Respondents, v. Cherry NIX aka Sherry Nix, aka Cheri Nix, an individual, Defendant-Appellant, and Kenneth Jones, an individual; Amy Jones, fka Amy Dees, an individual; Daniel A. Amoruso, an individual; William D. Huckstep, an individual dba Huckstep House Movers; Hiddleston & Son, Inc., an Idaho corporation dba Hiddleston Drilling & Pump Co., Defendants.

Supreme Court of Idaho, Boise, May 2005 Term.

Rehearing Denied August 4, 2005.

Attorney(s) appearing for the Case

Cherri Nix, Mountain Home, appellant pro se.

Richard and Kathryn Suitts, Springfield, Oregon, respondents pro se. Richard Suitts argued.

EISMANN, Justice.

This is an appeal from an order denying a motion under Rule 60(b) to set aside default judgments on the grounds of excusable neglect and fraud. We affirm the order of the district court.

I. FACTS AND PROCEDURAL HISTORY

On September 20, 1994, Richard and Kathryn Suitts contracted to sell certain real property located in Mountain Home, Idaho, to Amy Dees and Kenneth Jones. The contract provided for a down payment of $2,000, monthly...

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