James Bull v. Robert Leake And Jean Leake

Victoria Bull appeals from an order of the district court denying her motion to set aside an order dismissing her suit against Robert and Jean Leake. Bulls attorney had been allowed to withdraw from the case and the court had ordered Bull to appoint new counsel or appear personally in the action within twenty days. I.R.C.P. 11(b)(3). When Bull failed to comply with the notice, the suit was dismissed. She moved unsuccessfully to have the dismissal set aside under I.R.C.P. 60(b). On appeal, Bull contends that the district court abused its discretion in failing to set aside the dismissal and that the dismissal violates her right to due process. The Leakes have cross-appealed, arguing that the district court should have granted their motion for summary judgment in the suit. We affirm for the reasons stated below.