Kovachy v. DeLeusomme

SILAK, Judge.

Dennis DeLeusomme appeals the district court’s decision denying his motion to vacate a default judgment. DeLeusomme argues that his failure to pick up his mail, which contained a certified notice required by I.R.C.P. 11(b)(3), coupled with the fact that he was misled by ongoing settlement negotiation, constituted excusable neglect under I.R.C.P. 60(b). The district court found that his conduct did not constitute excusable neglect. We reverse and remand.

Sigmund and Joyce Kovachy (“Kovachy”) sued DeLeusomme for breach of contract over a land partnership agreement. Kovachy was…