Rill v. State, Department of Highways

I disagree with the court’s conclusion that the behavior of Ravin, the Rills’ attorney, did not constitute “excusable neglect” within the meaning of Alaska R.Civ.P. 60(b)(1). Furthermore, I conclude that the Rills’ motion for relief from the judgment entered as a result of such neglect was timely. Therefore, I dissent from the court’s holding that relief under Rule 60(b)(1) should not be granted.

A. Excusable Neglect

According to the court, the key fact precluding a finding of “excusable neglect” in this case is that Ravin participated in a telephonic settlement conference on October 5, 1981,…