Matthews v. Don K Chevrolet

¶21 I must disagree with the Court’s decision to affirm the default judgment against Appellant Don K Chevrolet. In my opinion the Comb reaches the wrong conclusion because it applies the slight abuse of discretion standard to its analysis, rather than giving a liberal interpretation to the provisions of Rule 60(b), M.R.Civ.P., concerning relief from a default judgment.

¶22 The same year Montana became a state, this Court held that the correct standard for reviewing the denial of a motion to set aside a default is as follows:

In the case of Watson v. San Francisco etc. R. R. Co., 41 Cal. 20, the…