Cuevas v. Barraza

Judge LANSING,

dissenting.

Although I agree with the majority that Barraza has adequately alleged a meritorious defense, I would affirm the district court’s holding that he failed to show that his default was the product of excusable neglect.

A motion to set aside a default judgment under this rule is committed to the sound discretion of the trial court, and we therefore will not disturb the trial court’s order in the absence of an abuse of discretion. Clear Springs Trout Co. v. Anthony, 123 Idaho 141, 143, 845 P.2d 559, 561 (1992); Tyler v. Keeney, 128 Idaho 524, 526, 915 P.2d 1382, 1384…