McGloon v. Gwynn

100 P.3d 621, 140 Idaho 727
CourtIdaho Supreme Court
DecidedOctober 25, 2004
Docket29450
StatusPublished
Cited by11 cases

This text of 100 P.3d 621 (McGloon v. Gwynn) 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
McGloon v. Gwynn, 100 P.3d 621, 140 Idaho 727 (Idaho 2004).

Opinions

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION DATED MAY 19, 2004 IS HEREBY WITHDRAWN.

TROUT, Justice.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On December 1, 1999, Stefani Gwynn (Gwynn) rear-ended a car being driven by Shelley McGloon. The accident involved Shelley McGloon and her two sons, Sean and Ryan (the McGloons). Thereafter, on November 19, 2001, the McGloons filed a complaint which alleged negligence on Gwynn’s part, among other allegations, and sought damages resulting from the accident.

The McGloons’ counsel attempted to personally serve process on Gwynn but was not able to locate her, nor was he able to locate an address at which she could be served. Unable to effectuate personal service of process, the McGloons filed a motion with the district court to permit service by publication. The district court granted a ninety-day extension of time for service of the summons by publication in a newspaper of general circulation in Ada County, Idaho, for three consecutive weeks. At the end of the three-week period, pursuant to the McGloons’ application for default accompanied by a proof of publication, the district court entered default against Gwynn by order dated July 16, 2002.

Six days later, the law firm of Elam & Burke filed a “Notice of Special Appearance” stating they were the “attorneys of record for Defendant Stefani Michelle Gwynn in this action.” The Notice also specified that “[t]his appearance is made solely and exclusively for the purpose of challenging the sufficiency of process and personal jurisdiction.” Filed contemporaneously with the Notice of Special Appearance, was a motion to set aside the default pursuant to Idaho Rules of Civil Procedure 55(e) and 60(b), and a motion to dismiss pursuant to I.R.C.P. 12(b)(2), (4), and (5). The motion to set aside the default reiterated the statement from the Notice of Special Appearance that Elam & Burke was appearing on behalf of Gwynn “in this action for the purpose of contesting the sufficiency of service and [did] not consent to” the district court’s jurisdiction.

On August 8, 2002, counsel for the McGloons and Elam & Burke, acting on behalf of Gwynn, stipulated and agreed to set aside the district court’s July 16, 2002, default.

On September 11, 2002, the McGloons moved for a second order extending time for service by re-publication, supported by the affidavit of the McGloons’ counsel. The district court entered an Order extending time for service of the summons by re-publication in a newspaper of general circulation in Ada County, Idaho, for four consecutive weeks. On November 12, 2002, the McGloons filed proof of publication showing publication in [729]*729The Idaho Statesman for a period of four weeks. Thereafter, on December 18, 2002, the district court signed an Order for entry of a second default against Gwynn.

Two days later, Elam & Burke filed a motion to set aside the second default pursuant to I.R.C.P. 55(c). This motion again stated that, consistent with the “Notice of Special Appearance, filed on July 22, 2002,” Elam & Burke’s appearance on behalf of Gwynn in the action was being made “for the purpose of contesting the sufficiency of service of process” and not to consent to the jurisdiction of the court. After a hearing, the district court denied the motion. Thereafter, Elam & Burke filed a “Notice of Appearance and a Demand for a Jury Trial” in which they stated they were entering an appearance as the attorney of record for Gwynn.

On February 10, 2003, the McGloons’ counsel filed a certificate of service showing he had served Gwynn’s counsel with a three-day notice of intent to obtain a judgment by default at a hearing on March 5, 2003. Elam & Burke filed an objection to the hearing.

At the March 5 hearing at which Gwynn’s counsel appeared and asked to be heard and to be permitted to cross-examine witnesses, the district court refused to allow Gwynn’s counsel to be heard because default had been entered against Gwynn. The district judge then considered the evidence presented solely by the McGloons and then entered a monetary judgment against Gwynn. Gwynn appeals to this Court.

II.

STANDARD OF REVIEW

On appeal, this Court exercises free review over questions of law. Magnuson v. City of Coeur D’Alene, 138 Idaho 166, 169, 59 P.3d 971, 974 (2002). A trial court’s denial of a motion to set aside an entry of default will not be reversed on appeal unless an abuse of discretion clearly appears. McFarland v. Curtis, 123 Idaho 931, 933, 854 P.2d 274, 276 (Ct.App.1993). The power of a trial court to grant or deny relief under Rule 55(c) is discretionary. Clear Springs Trout Co. v. Anthony, 123 Idaho 141, 143, 845 P.2d 559, 561 (1992). Where the trial court makes factual findings that are not clearly erroneous, applies correct criteria pursuant to I.R.C.P. 55(c) to those facts, and makes a logical conclusion, the court will have acted within its discretion. McFarland, 123 Idaho at 933, 854 P.2d at 276.

III.

THE DISTRICT COURT LACKED PERSONAL JURISDICTION OVER GWYNN

In Idaho, a court may set aside a judgment by default in accordance with I.R.C.P. 60(b). I.R.C.P. 55(c). When a default judgment is predicated upon an erroneously entered default, the judgment is voidable. Knight Ins., Inc. v. Knight, 109 Idaho 56, 59, 704 P.2d 960, 963 (Ct.App.1985). For a judgment to be considered void under I.R.C.P. 60(b)(4), there generally must have been some jurisdictional defect in the court’s authority to enter the judgment, because the court lacked either personal or subject matter jurisdiction. Puphal v. Puphal, 105 Idaho 302, 306, 669 P.2d 191, 195 (1983). Additionally, a judgment is void when a court’s action amounts to a plain usurpation of power constituting a violation of due process. Dragotoiu v. Dragotoiu, 133 Idaho 644, 647, 991 P.2d 369, 372 (1998). The right to procedural due process guaranteed under both the Idaho and United States Constitutions requires that a person involved in the judicial process be given meaningful notice and a meaningful opportunity to be heard. 133 Idaho at 648, 991 P.2d at 373.

A. Special appearance

Gwynn argues the default entered by the district judge is void because the McGloons’ counsel violated Gwynn’s procedural due process rights as provided by I.R.C.P. 5(a) when he failed to serve all papers filed in this action on Elam & Burke after they “specially appeared on Ms. Gwynn’s behalf on July 22,2002.”

Idaho Rule of Civil Procedure 5(a) provides that:

[730]

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Bluebook (online)
100 P.3d 621, 140 Idaho 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgloon-v-gwynn-idaho-2004.