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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Enz v. Raelund, 419 P.3d 674 (2018)

Citation
Enz v. Raelund, 419 P.3d 674 (2018)
Parent Document
Enz v. Raelund, 419 P.3d 674 (2018)
Jurisdiction
Montana (state)
Effective Date
2018-06-05

Other Sections in This Document (99)

Full Text

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¶ 47 The Enzes respond the Raelunds created their own problems by presenting one set of facts at hearing and an alternative set of facts in their subsequent motions, and thus the District Court did not abuse its discretion when it refused to set aside default and default judgment. The Enzes argue the District Court correctly determined that "Antonius-Damascus; Raelund" was not a party in interest, and thus not entitled to seek relief. M. R. Civ. P. 17(a)(1). The Enzes argue the inclusion of a party in interest is a threshold issue before a district court can rule upon the controversy, and lacking a party in interest here, the District Court had no basis to set aside a default or default judgment.