John A. Logan and Myrle E. Logan v. Grand
1986.ID.15187 726 P.2D 782; 111 IDAHO 670
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Descrição da editora
In this case we decide whether the district court erred when it granted a motion under I.R.C.P. 60(b)(1) to set a aside a default and default judgment, when the "excusable neglect" presented as the grounds for the motion was based on a mistake of law. We hold that the district court abused its discretion by granting the motion. Therefore, we vacate the order and reinstate the default judgment. Our decision necessarily requires us to vacate a subsequent order granting summary judgment.