Nickels v. Durbano

SWANSTROM, Judge.

This appeal is from a district court order denying a defendant’s motion to set aside a default judgment. The issues we address *200include whether the defendant was entitled to notice under I.R.C.P. 55(b)(2) of plaintiffs application for a default judgment and whether the district court abusecl its discretion in denying defendant’s motion for relief from the judgment under I.R.C.P. 60(b)(1). For the following reasons, we affirm in part and vacate in part.

Ernest Durbano of Ogden, Utah, sold an antique aircraft to Alfred Nickels of Twin Falls, Idaho. A purchase contract was signed…