C. Rhyne & Associates v. Swanson

Petrie, J. *

Defendant Allen Swanson appeals the denial of his motion for relief from default judgment. Finding that the defendant's failure to answer was due to excusable neglect, we reverse.

On June 20, 1982, plaintiff, C. Rhyne and Associates, a Washington corporation, had defendant Allen B. Swanson served with a summons and complaint for unpaid debt and mortgage foreclosure. The bases of the complaint were a note and mortgage, both signed by the defendant in connection with an earlier lawsuit between the parties. The defendant served a timely answer on the plaintiff, but the plaintiff chose…