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FORD MOTOR CREDIT CO. v. WELLNITZ

No. DA 07-0273.

194 P.3d 630 (2008)

2008 MT 314

346 Mont. 61

FORD MOTOR CREDIT COMPANY, Plaintiff and Appellee, v. Tara A. WELLNITZ, Defendant and Appellant.

Supreme Court of Montana.

Decided September 9, 2008.

Attorney(s) appearing for the Case

For Appellant: Kristin West, D. Michael Eakin and Jennifer Beardsley, Montana Legal Services Assn., Billings, Montana.

For Appellee: Charles Dendy, Johnson, Rodenberg & Lauinger, Bismarck, North Dakota.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 A default judgment was entered in the Thirteenth Judicial District Court, Yellowstone County, against Tara Wellnitz on September 2, 2005. Wellnitz moved to set aside the default judgment on January 22, 2007. After two briefing extensions and the expiration of the 60 day time limit for a decision provided in M.R. Civ. P. 59(d), 60(c), the motion was deemed denied by the District Court. Wellnitz now appeals...

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