Estes v. Ashley Hospitality, Inc.

MEIERHENRY, Justice.

[¶ 1.] The defendants, John Ashley and Ashley Hospitality, Inc. claim that a letter sent to the plaintiffs attorney in response to a Summons and Complaint constituted an Answer sufficient to withstand a default judgment, or in the alternative, that the Default Judgment should be set aside because of excusable neglect. We affirm.

FACTS

[¶ 2.] Brett Estes sued Ashley and Ashley Hospitality for defaulting on a $50,000 promissory note.1 Ashley formally served a letter on October 24, 2002 on Estes’ attorney. The letter indicated that the defendants were trying to get an attor*472ney…