Denver Fire Reporter & Protective Co. v. Dutton

SMITH, Judge.

Defendant, Richard E. Dutton, d/b/a East Evans Radio and TV, Inc., appeals from a default judgment entered against him in a breach of contract case. Specifically, he alleges that the trial court erred in denying his motion made under C.R.C.P. 60(b) to set aside the default and the resulting judgment on the basis of mistake, inadvertence, and excusable neglect and that he had a meritorious defense and counterclaim. He also alleges that he was not given notice pursuant to C.R.C.P. 55(c). We dismiss the appeal.

The facts are undisputed. On May 8, 1984, the instant action was filed by…