Whitehorn v. Lovik

NEUMAN, Justice.

Plaintiff Laura Whitehorn is a tenant who brought an action in the small claims division of district court to recover from her landlord the balance retained from her damage deposit upon the termination of her tenancy. Her landlord, Steve Lovik, counterclaimed for additional damages and ultimately obtained judgment by default. Upon discretionary review of the district court’s ruling affirming the magistrate’s adjudication, we consider plaintiff’s dual challenge: (1) that the magistrate improperly denied her timely motion to set aside the default judgment; and (2) that the…