Wasserburger v. Consolidated Management Corp.

MILLER, Justice.

In this appeal we affirm in part and reverse in part, holding that the trial court (1) did not abuse its discretion in finding excusable neglect so as to allow a garnishee to file a late answer, and (2) inappropriately terminated an action without motion or notice.

FACTS/PROCEDURAL HISTORY

In January, 1987, Wayne Wasserburger began leasing certain heavy equipment to Consolidated Management Corporation (CMC) for use in its sewage ash operation near Igloo, South Dakota. CMC failed to make the lease payments, which resulted in suit being filed against it by Wasserburger. In July,…