Shields v. Gish

BENHAM, Justice.

This appeal primarily concerns whether a defendant can be in default for failing to file an answer to an amended complaint. It arises from an action which had its inception in a statutory partitioning action Gish filed in which she alleged she and Shields had undivided half-interests in specified property. Gish amended her complaint to add claims for equitable partitioning, appointment of a receiver, pecuniary damages, punitive damages, and attorney fees. Areturn of service showed service of those pleadings and a summons on Shields. Gish subsequently moved for default judgment…