Greenup v. Russell

¶1 The Twenty-first Judicial District Court, Ravalli County, granted the motion of Robert and Peggy Russell to dismiss this action pursuant to the doctrine of res judicata and denied Calvin Greenup’s motion to set aside a default judgment entered against him in a previous action. Greenup appeals. We affirm.

¶2 We restate the issues as:

¶3 1. Did the District Court err in refusing to set aside Greenup’s default?

¶4 2. Did the court err in dismissing Greenup’s complaint pursuant to the doctrine of res judicata?

¶5 3. Are the Russells entitled to their attorney fees on appeal under Rule 32,…