Volcano Enterprises, Inc. v. Rush

MURDOCK, Justice.

Volcano Enterprises, Inc., d/b/a Club Volcano (“Volcano Enterprises”), appeals from the denial of its Rule 60(b)(4), Aa. R. Civ. P., motion to set aside the judgment entered against it in a wrongful-death action filed by Peggy Bender Rush, as ad-ministratrix of the estate of her husband Derric Edwin Rush and as the widow of Derric Edwin Rush, and by Dashton Rush, the Rushes’ minor son, by an through his mother and next friend, Peggy Bender Rush (hereinafter collectively referred to as “Rush”). We reverse and remand.

I. Facts and Procedural History

This appeal stems from a…