Omega Alpha House Corporation v. Molander

The plaintiff, Omega Alpha House Corp., Theta Tau chapter of the Delta Delta Delta sorority [hereinafter Omega House], appeals an order vacating a default judgment against the defendant, Molander Associates, Architects [hereinafter the architects]. Omega House initiated this action against the architects, alleging inadequate supervision and defective construction in a remodeling project on the plaintiff's sorority house at the University of Idaho. The plaintiff filed its complaint on May 14, 1975. A notice of appearance on behalf of the architects was filed by Thomas A. Mitchell, attorney at law, on June 3, 1975. On August 19, 1975, John W. Walker, attorney at law, was substituted in place of Mitchell as attorney for the architects. Thereafter, on November 25, 1975, an answer was filed. On November 6, 1976, Walker filed a motion to withdraw as counsel for the architects. On December 9, 1976, an order authorizing the withdrawal was issued by the court. A copy of the order authorizing Walker's withdrawal was mailed to John Molander on behalf of the architects and was received by him on December 13, 1976. Subsequent to that time, the defendant failed to appear in the action either in person or through a newly appointed attorney as required under I.R.C.P. 11(b)(3).[Footnote 1]