Hoyt v. Eklund

Defendant and appellant, Russell G. Eklund, doing business as Eklund Enterprises, appeals from an order of the District Court of the Eighth Judicial District, Cascade County, denying his motion to set aside a default and default judgment. We reverse and vacate the default and default judgment.

The issues raised on appeal are as follows:

1. Did the District Court err in refusing to set aside a default judgment entered by the clerk of court when the plaintiff’s claim was not for a sum certain or for a sum capable of being made certain by computation?

2. Did the District Court abuse its discretion…