Leazure v. Morganroth

816 P.2d 1012, 120 Idaho 455, 1991 Ida. App. LEXIS 173
CourtIdaho Court of Appeals
DecidedSeptember 4, 1991
DocketNo. 18780
StatusPublished

This text of 816 P.2d 1012 (Leazure v. Morganroth) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leazure v. Morganroth, 816 P.2d 1012, 120 Idaho 455, 1991 Ida. App. LEXIS 173 (Idaho Ct. App. 1991).

Opinion

PER CURIAM.

Rose Morganroth filed a petition to probate the holographic will of the decedent, Hildegarde Ahner. Janice Leazure, a niece of the decedent, objected to the petition on various grounds. A jury trial was scheduled. When neither Leazure nor her attorney appeared for trial, the magistrate admitted the will to probate and appointed Morganroth as the personal representative of the estate. Leazure moved to set aside the order under I.R.C.P. 60(b) on the grounds of excusable neglect. The magistrate denied the motion.

Leazure then appealed to the district court. The district court reversed the magistrate’s order and remanded the case for a jury trial. Morganroth now appeals from that decision, arguing that the district court should have upheld the magistrate’s order. The sole issue presented is whether the magistrate abused his discretion in denying the Rule 60(b) motion. For reasons explained below, we hold that he did and we affirm the district court’s appellate decision.

Hildegarde Ahner died in Idaho on August 12, 1988, while staying at the home of Rose Morganroth, a friend of forty years. Four days later, Morganroth filed a petition to probate a holographic will allegedly written by the deceased on August 9, three days before her death. The will left the bulk of the estate — primarily consisting of property in California — to Morganroth. Notice of the petition was mailed to the decedent’s heirs, and a hearing was scheduled for September 21.

Leazure appeared at the hearing, through counsel, W.W. Longeteig, and objected to the probate of the will on the following grounds: the deceased was not a resident of Idaho, the will was not authentic, lack of testamentary capacity, fraud and undue influence. Leazure requested a jury trial. In response, Morganroth’s counsel, James Schoenhut, asked that the trial begin within thirty days. Longeteig expressed doubts about the feasibility of such a time schedule in light of the need to conduct discovéfy. However, in reliance upon assurances that Longeteig’s discovery [457]*457request would be answered within three days of receipt by Schoenhut, the magistrate scheduled a jury trial for October 19, 1988. The court requested the parties to file any discovery requests within one week from September 21.

On October 4, 1988, one week after the time directed by the court, Longeteig mailed interrogatories and a request for the production of documents to Schoenhut. On the day Schoenhut was to produce the documents, October 12, Longeteig telephoned Schoenhut. Schoenhut stated that he had received the discovery request, but that he was not aware of the October 12 production date because he had not yet read the material. During the conversation, Schoenhut was informed that the matter could not be prepared for trial without compliance with the discovery requests. Schoenhut told Longeteig that he would send copies of the documents immediately. Two days later, on October 14, 1988, some, but not all, of the documents arrived. The interrogatories were never answered.

With less than one week before trial, Longeteig contacted the magistrate by telephone and explained to him that his discovery request had not been fully complied with by Schoenhut. Longeteig requested a continuance due to Schoenhut’s failure to comply. The magistrate responded by cancelling the jury. On October 19, 1988, the day of the scheduled trial, Charles Hay appeared as counsel for Morganroth. Schoenhut was also present, but only as a witness. Neither Leazure nor Longeteig attended the hearing because Longeteig assumed that a continuance had been orally granted by the magistrate. The magistrate, on the other hand, was under the impression that Longeteig would be getting back to him with a formal motion for a continuance or a stipulated motion for a continuance. No such motion was filed by Longeteig; nor did Longeteig contact Schoenhut personally about the continuance.

When Hay and Schoenhut arrived on the morning of October 19 -expecting a trial, the magistrate contacted Longeteig by telephone in Lewiston, Idaho, to find out why he was not in court. After responding, Longeteig again asked for a continuance based on Schoenhut’s failure to comply with discovery. The magistrate denied the request and proceeded with a bench trial in Longeteig’s absence. On October 27, the magistrate entered an order admitting the holographic will of Hildegarde Ahner to probate and appointing Rose Morganroth the personal representative of the estate. Based on the magistrate’s order, ancillary proceedings were commenced in California.

On November 10, Longeteig and Leazure’s California counsel were informed of the results of the October 19 trial. On November 14, Longeteig filed a document entitled “Motions for New Trial, Amendment of Judgment And/Or Relief From Judgment” citing I.R.C.P. 59(a), (e) and 60(b). Leazure’s motion to set aside the order was based on grounds of “inadvertence” and “excusable neglect.” The motions were not accompanied by a supporting affidavit and did not contain a certificate of mailing. Longeteig did not notice the motions for a hearing until April 7, 1989. At the hearing on April 20, Longeteig submitted a supporting affidavit. All motions were denied. The magistrate denied the Rule 60(b) motion because he believed that no showing of excusable neglect had been made. The magistrate also concluded that Leazure did not have a meritorious defense to the action. Leazure appealed to the district court, which reversed the magistrate’s ruling on the Rule 60(b) motion, holding that Longeteig’s actions were the result of excusable neglect and that Leazure had a meritorious defense to the action. This appeal followed, raising the question whether the magistrate’s refusal to grant the motion was an abuse of discretion.

Preliminarily, we note that the parties have treated Leazure’s motion as one to set aside a default judgment. Because neither party challenges this characterization of the order, we will treat this Rule 60(b) motion as a motion to set aside a default judgment. There are two requirements for setting aside a default judgment. First, at least one of the criteria of Rule 60(b)(1) must be satisfied by the moving party; second, the moving party must present [458]*458facts which, if established, would constitute a meritorious defense to the action. Clark v. Atwood, 112 Idaho 115, 730 P.2d 1035 (Ct.App.1986).

The decision whether to set aside a default judgment on the grounds of excusable neglect is left to the sound discretion of the trial court. “Such decisions will not be disturbed on appeal absent an abuse of discretion.” Id. at 116, 730 P.2d at 1036. If the trial court makes findings of fact that are not clearly erroneous, applies the proper criteria to the facts found, and the court’s decision follows logically from the application of such criteria to the facts found, then the court will be deemed to have acted within the bounds of its discretion. Avondale on Hayden, Inc. v. Hall, 104 Idaho 321, 658 P.2d 992 (Ct.App.1983).

Because the district court heard this case as an appellate court, it was required to determine whether there was substantial evidence to support the magistrate’s findings of fact. Hentges v. Hentges, 115 Idaho 192, 765 P.2d 1094 (Ct.App.1988).

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Avondale on Hayden, Inc. v. Hall
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Bluebook (online)
816 P.2d 1012, 120 Idaho 455, 1991 Ida. App. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leazure-v-morganroth-idahoctapp-1991.