331 P.3d 1199
Wyo.2014Background
- Dan C. Morton developed federal oil and gas leases in Natrona and Johnson counties with RDG Oil and Gas, LLC under two development agreements.
- Morton Trust filed a 2012 breach of contract suit alleging RDG failed to re-complete wells, produce from leases, drill a horizontal well, and manage Tisdale/Agreement 1 developments.
- RDG’s registered agent was WyomingRegisteredAgent.com; service of process was not forwarded to RDG.
- Default was entered on November 28, 2012 and default judgment on December 28, 2012; RDG learned of the judgment in January 2013.
- RDG, administratively dissolved as a Wyoming entity since 2009, argued excusable neglect/good cause for setting aside; district court denied relief and RDG appealed.
- Court affirmed denial of RDG’s motions to set aside the default and default judgments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion in denying relief. | RDG argues excusable neglect/good cause justified relief. | Trust argues no excusable neglect or meritorious defense established. | No abuse; denial affirmed. |
Key Cases Cited
- Fluor Daniel (NPOSR), Inc. v. Seward, 956 P.2d 1131 (Wyo. 1998) (standard for setting aside default/60(b) relief)
- Vanasse v. Ramsay, 847 P.2d 993 (Wyo. 1993) (entry of default is clerical; may be set aside under proper showing)
- M & A Const. Corp. v. Akzo Nobel Coatings, Inc., 936 P.2d 451 (Wyo. 1997) (three-factor test for setting aside default judgment)
- Multiple Resort Ownership Plan, Inc. v. Design-Build-Manage, Inc., 45 P.3d 647 (Wyo. 2002) (defendant’s mistaken belief of extension not grounds for relief)
- Countrywide Home Loans, Inc. v. First Nat. Bank of Steamboat Springs, N.A., 144 P.3d 1224 (Wyo. 2006) (simple failure to answer not excusable neglect)