Bradley v. Yellowstone Trails Ranch

Summary

The Montana Supreme Court affirmed the order setting aside the default judgment against the Yellowstone Trails Ranch Owners’ Association. It held that the Association’s acknowledgment of service constituted a written appearance, triggering the requirement that it receive at least seven days’ notice before the court ruled on the motion for default judgment. Because the District Court entered judgment the day after the motion was served, the judgment was premature and voidable, and the Association’s prompt effort to defend supported setting it aside.