JONSSON v. OXBORROW

No. 30473.

115 P.3d 726 (2005)

Keith D. JONSSON and Laurel F. Jonsson, husband and wife, Plaintiffs-Respondents, v. Bret OXBORROW, dba Elkhorn Ranch, Defendant-Appellant.

Supreme Court of Idaho, Boise, May 2005 Term.

June 15, 2005.


Attorney(s) appearing for the Case

Service, Spinner & Gray, Pocatello, for appellant. Monte Gray argued.

Steven R. Fuller, Preston, for respondents.


EISMANN, Justice.

This is an appeal from the denial of a motion to set aside a default judgment on the ground of excusable neglect. We hold that the district court abused its discretion in refusing to set the default judgment aside and therefore reverse.

I. FACTS AND PROCEDURAL HISTORY

On August 4, 2002, the plaintiff Keith Jonsson paid the defendant Bret Oxborrow the sum of $100,000. The parties dispute...

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