Puhto v. Smith Funeral Chapels, Inc.

¶1 On January 28, 2011, the Thirteenth Judicial District Court entered an order dismissing Donald Puhto’s (Puhto) complaint with prejudice. Puhto appeals from the court’s denial of his Motion for Relief under M. R. Civ. P. 60(b). We affirm.

¶2 The sole issue on appeal is whether the District Court abused its discretion in denying Puhto’s motion to set aside the dismissal order and in refusing his request for an evidentiary hearing on the matter.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Puhto, along with his sister, Janet Barrett (Barrett), commenced this action against Smith Funeral Chapels, Inc.…