ENGELSBERGER v. LAKE COUNTY

No. 06-0082.

167 P.3d 902 (2007)

2007 MT 211

339 Mont. 22

Jimmy ENGELSBERGER, Plaintiff and Respondent, v. LAKE COUNTY, a political subdivision of the State of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided August 28, 2007.


Attorney(s) appearing for the Case

For Appellant: Norman H. Grosfield, Utick & Grosfield, Helena, Montana.

For Respondent: Matthew H. O'Neill, O'Neill Law Office, Poison, Montana.


Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Lake County appeals an Order of the Twentieth Judicial District Court, Lake County (District Court), granting a motion to strike affidavits filed by Jimmy Engelsberger (Engelsberger) and denying Lake County's motions to set aside both a default and a default judgment. We reverse and remand.

¶ 2 We restate the issue on appeal as follows: Did the District Court err in refusing to set aside...

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