Tyler v. Keeney

PERRY, Judge.

We are asked in this appeal to review the district court’s order denying Sheryl Tyler relief on his I.R.C.P. 60(b) motion. We agree with the district court’s conclusion that Tyler was not entitled to Rule 60(b) relief because Tyler acted unreasonably in failing to communicate with this counsel to monitor the case. We, therefore, affirm the district court’s order denying relief under I.R.C.P. 60(b)(1) and (3). We hold as harmless the district court’s failure to rule on Rule 60(b)(6) grounds for relief.

I

FACTS

In 1992, Tyler brought an action against Frank Keeney asserting breach of…