Quantum Electric, Inc. v. Schaeffer

¶1 Appellants Richard and Victoria Schaeffer (Schaeffers) appeal an order of the Eleventh Judicial District Court, Flathead County, denying their motion to set aside the court’s previous judgment. We reverse.

¶2 We address the following issue on appeal: Did the District Court err in concluding that the plaintiffs failure to comply with § 37-61-405, MCA, and Uniform District Court Rule 10 (Rule 10, U.Dist.Ct.R.), was harmless error because the court’s order fulfilled the notice requirement and because the defendants had actual notice of the proceedings?

I. FACTUAL AND PROCEDURAL BACKGROUND

¶3 The…