In Re the Marriage of McDonald

Russell D. McDonald filed a motion in the District Court for the Eleventh Judicial District, in Flathead County, to set aside the parties’ dissolution decree which had been entered against him by default. Russell appeals from the court’s failure to grant the motion, which was deemed denied when the court failed to rule on it within 45 days pursuant to Rule 60(c), M.R.Civ.P.

We affirm.

The issue for this Court’s consideration is whether the District Court abused its discretion when it did not grant the motion to set aside the default decree.

On July 8,1992, Cynthia McDonald petitioned the…