Brandenburg v. Feterl Mfg. Co.

LAVORATO, Justice.

The defendant in this personal injury action appeals from a district court ruling denying the defendant’s motion to set aside a default and default judgment entered in favor of the plaintiffs. We conclude there was not substantial evidence to support the district court finding that the defendant willfully ignored and defied the rules of procedure in failing to defend in a timely manner. We therefore hold the district court abused its discretion in concluding there was no excusable neglect constituting good cause to set aside the default and default judgment. We therefore…