HOFF v. LAKE COUNTY ABSTRACT & TITLE

No. DA 10-0482.

255 P.3d 137 (2011)

2011 MT 118

360 Mont. 461

Gary HOFF, Plaintiff, Appellee and Cross Appellant, v. LAKE COUNTY ABSTRACT & TITLE COMPANY, a corporation; Defendant and Appellee, and Countrywide Home Loans, Inc., a corporation; Does I through X inclusive, individuals, corporations and partnerships, Defendant and Appellant.

Supreme Court of Montana.

Decided June 1, 2011.


Attorney(s) appearing for the Case

For Appellant: Christian T. Nygren , Milodragovich, Dale, Steinbrenner & Nygren, P.C., Missoula, Montana (Countrywide Home Loans, Inc.).

For Appellees: Martin S. King , Worden Thane P.C., Missoula, Montana ( Gary Hoff ), John A. Mercer , Turnage & Mercer, PLLP, Polson, Montana (Lake County Abstract & Title Co.).


Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Countrywide Home Loans, Inc. (Countrywide) appeals from an order of the Twentieth Judicial District, Lake County, denying its motion under M.R. Civ. P. 55(c) to set aside an entry of default and its motion under M.R. Civ. P. 60(b) for relief from default judgment. Gary Hoff (Hoff) cross-appeals the court's denial of attorney fees.

¶ 2 Countrywide raises the following two issues on appeal...

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