Clear Springs Trout Co. v. Anthony

845 P.2d 559, 123 Idaho 141, 1992 Ida. LEXIS 186
CourtIdaho Supreme Court
DecidedDecember 24, 1992
Docket18996
StatusPublished
Cited by21 cases

This text of 845 P.2d 559 (Clear Springs Trout Co. v. Anthony) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clear Springs Trout Co. v. Anthony, 845 P.2d 559, 123 Idaho 141, 1992 Ida. LEXIS 186 (Idaho 1992).

Opinions

JOHNSON, Justice.

This appeal involves a single issue— whether the trial court abused its discretion in denying a motion to set aside a default judgment.

[142]*142I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

Clear Springs Milling Company, the alleged predecessor of Clear Springs Trout Company (Clear Springs), leased property to George Anthony. Clear Springs also granted Anthony an option to purchase subject to a reserved right of first refusal in Clear Springs, which would allow it to reacquire the property when and if Anthony proposed to sell it to a third party.

Anthony assigned his rights under the contract to Desert Land Fertilizer (DLF), a corporation in which Anthony was the principal shareholder. DLF subsequently assigned its interest to Farmers National Bank (the bank) as security for loans made to Anthony.

Clear Springs consented to Anthony’s sale of a parcel of the property without exercising its right of first refusal. Subsequently, Anthony and DLF incurred additional indebtedness to the bank, and executed three trust deeds in favor of the bank encumbering Anthony’s interest in the property.

Anthony received a written proposal from Rangen, Inc. (Rangen), to purchase the remaining property for $45,000 in cash. Anthony disclosed the proposal to Clear Springs and Clear Springs notified Anthony that it intended to exercise its right of first refusal and acquire the property for $45,000.

Anthony’s attorney notified Clear Springs’ attorney that “the price and terms by which Clear Springs Trout Co. may purchase the property have changed,” referring to a new purchase proposal by Ran-gen. Clear Springs’ attorney replied to Anthony’s attorney that Rangen’s new proposal was of no consequence and “there has been an offer and acceptance and we expect it to be enforced and if there is a failure to do so, we shall immediately initiate a suit for specific performance.” Anthony’s attorney then responded by letter that Anthony “has decided to go ahead and accept the offer.”

During preparation of the documents necessary to terminate the lease and prepare a deed, Clear Springs discovered three recorded deeds of trust and a lis pendens documenting an action by the bank against Anthony and DLF to foreclose the deeds of trust. Clear Springs’ attorney wrote to Anthony’s attorney and the bank’s attorney to inform them of several alternatives for the payment of the $45,000 upon the bank's release of its deeds of trust and lis pendens, none of which were acceptable to Anthony.

Clear Springs’ attorney wrote to Anthony’s attorney again, expressing concern that Anthony’s attorney had not responded to the letter or several phone calls. Anthony responded that he

[had] decided not to sell and therefore I am not exercising the option to purchase granted to me in the Lease and Option to Purchase Agreement dated the 22nd of February, 1978. The purpose of this letter is to advise you that I have not accepted any offer to sell and therefore do not exercise my option to purchase.

Clear Springs filed suit seeking specific performance of the right of first refusal and to quiet title in the parcel of property. Anthony and DLF filed a motion to dismiss, rather than an answer, contending that Anthony’s business dealings had been with Clear Springs Milling, not Clear Springs Trout Co., and that DLF was presently a viable chartered corporation. Anthony never scheduled the motion for hearing.

In December 1989, Anthony moved to consolidate the case with the bank’s pending foreclosure action. The motion was denied after a hearing on January 3, 1990. At that hearing, Anthony’s counsel advised Clear Springs that an answer would be filed shortly. Nevertheless, Anthony did not file an answer nor did he set the dismissal motion for hearing. On April 17, 1990, Clear Springs scheduled a hearing on the motion, which was vacated when, four days before its scheduled date, Anthony’s attorney contacted Clear Springs’ attorney, and advised Clear Springs’ attorney that Anthony’s attorney would withdraw the [143]*143motion to dismiss. Anthony did not file an answer or other responsive pleading in the following four weeks.

The record contains a telephone memorandum dated April 26, 1990, admitted into evidence by the trial court, documenting a phone call by Anthony’s attorney to Clear Springs’ attorney. This memorandum indicates that Anthony’s attorney informed Clear Springs’ attorney that Anthony’s attorney intended to withdraw the motion to dismiss, and would not oppose a motion by Clear Springs to amend the complaint, and that there would be no need for the hearing.

On May 17, 1990, Clear Springs sent Anthony a notice of intent to take default. The default hearing was scheduled for twelve days later, at 10:00 a.m. on May 29, 1990. Neither Anthony nor his counsel appeared, or contacted the trial court or opposing counsel in any fashion. At the hearing, the trial court entered an order pursuant to I.R.C.P. 55(b)(2) finding Anthony and DFL in default. At 4:30 p.m. on May 29,1990, the same day as the hearing, Anthony filed an answer and a motion to set aside the default pursuant to I.R.C.P. 55(c).

After argument on the motion on July 17, 1990, the trial court denied the request to set aside the default, finding that Anthony had failed to show the existence of mistake, excusable neglect, or the existence of a meritorious defense. On October 26, 1990, the court entered final judgment quieting title to the property and directing Anthony to specifically perform the agreement.

Anthony appealed.

II.

THE TRIAL COURT DID NOT ABUSE ITS DISCRETION IN DENYING THE MOTION TO SET ASIDE THE DEFAULT JUDGMENT.

Anthony asserts that his failure to file and appear at the default hearing were excusable and that the trial court should not have refused to set aside the default judgment. We conclude that the trial court did not abuse its discretion in denying Anthony’s motion to set aside the default judgment.

The main issue on appeal is whether the district court abused its discretion under I.R.C.P. 55(c) and 60(b)(1) in refusing to grant Anthony relief from the default judgment entered against him.

Two requirements must be met to set aside a default judgment. Under rule 60(b)(1), a party may ask for relief from a default judgment on the grounds of mistake, inadvertence, surprise, or excusable neglect. In addition, the moving party must plead facts which, if established, would constitute a meritorious defense to the entry of default. Hearst Corp. v. Keller, 100 Idaho 10, 592 P.2d 66 (1979); Baldwin v. Baldwin, 114 Idaho 525, 757 P.2d 1244 (Ct.App.1988).

The power of a trial court to grant or deny relief under rules 55(c) and 60(b) is discretionary. Sherwood & Roberts, Inc. v. Riplinger, 103 Idaho 535, 650 P.2d 677 (1982). Absent clear abuse of that discretion, we will not overturn the trial court’s decision. Catledge v. Transport Tire Co., 107 Idaho 602, 691 P.2d 1217 (1984). The trial court will be considered to have acted within its sound discretion on a motion to set aside a default judgment if

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Clear Springs Trout Co. v. Anthony
845 P.2d 559 (Idaho Supreme Court, 1992)

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Bluebook (online)
845 P.2d 559, 123 Idaho 141, 1992 Ida. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clear-springs-trout-co-v-anthony-idaho-1992.