Yochum v. Davis, 13749
| Citation | 98 Nev. 484, 653 P.2d 1215 |
| Case Date | November 30, 1982 |
| Court | Supreme Court of Nevada |
Page 1215
Rose Marie Yochum, as the sole surviving directors of Tool
Tote, Inc., a Nevada corporation, and Merritt K. Yochum and
Rose Marie Yochum, as the sole surviving officers of Tool
Tote, Inc., a Nevada corporation, and Merritt K. Yochum, who
did business as Carson Iron Works, Appellants,
v.
Janice Ann DAVIS, Respondent.
[98 Nev. 485]
Page 1216
David Horton, Carson City, for appellants.Sheerin, O'Reilly, Walsh & Keele, and James M. O'Reilly, Gardnerville, and John P. Davis, Minden, for respondent.
PER CURIAM:
Appellants Merritt K. Yochum and Rose Marie Yochum appeal from an order of the district court denying their motion to set aside a default judgment.
Respondent Janice Ann Davis' late husband, Bob Railson, [98 Nev. 486] paid $5,000 in 1975 for approximately 100 shares of stock in Tool Tote, Inc. A "Buy-Sell Agreement" mandated repurchase by Tool Tote, Inc. of a stockholder's interest upon that stockholder's death, and provided that if all of the stockholders and Tool Tote, Inc. did not agree on a valuation of a stockholder's interest within 180 days of that stockholder's death, the value would be determined through arbitration. Railson acted as an officer of Tool Tote, Inc. from 1975 until his death in January 1978. Davis inherited Railson's Tool Tote stock.
Rather than seeking arbitration pursuant to the Buy-Sell Agreement, Davis filed a complaint against the Yochums in July 1980, alleging unjust enrichment, various violations of fiduciary duties and the making of "false or material misrepresentations on various reports." Personal service of process on the Yochums was attempted. There is conflicting evidence as to whether the service was legally sufficient. Davis then obtained an order for service by publication in mid-August. The summons was duly published, but copies of the summons and complaint were mailed to the Yochums' business address, rather than to their residence as required by NRCP 4(e)(iii).
The court clerk entered a default against the Yochums. The district court granted Davis' motion for judgment by default, and awarded her $5,000 plus interest, costs, and attorney's fees. The district court subsequently denied the Yochums' motion to set aside the default and the judgment. This appeal followed.
DENIAL OF THE MOTION TO SET ASIDE THE DEFAULT JUDGMENT
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Moseley v. Dist. Ct., No. 49533.
...and (4) good faith. See Stoecklein v. Johnson Electric, Inc., 109 Nev. 268, 271, 849 P.2d 305, 308 (1993); see also Yochum v. Davis, 98 Nev. 484, 486, 653 P.2d 1215, 1216 (1982) (citing Hotel Last Frontier v. Frontier Prop., 79 Nev. 150, 154, 380 P.2d 293, 295 (1963)). The district court is......
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Kahn v. Orme, 21784
...neglect." Before granting an NRCP 60(b)(1) motion, the district court must consider several factors, as provided in Yochum v. Davis, 98 Nev. 484, 653 P.2d 1215 (1982). First, there must have been "a prompt application to remove the judgment." Yochum, 98 Nev. at 486, 653 P.2d at 1216 (citing......
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Stoecklein v. Johnson Elec., Inc., 23302
...proceedings; (3) a lack of knowledge of the procedural requirements on the part of the moving party; and (4) good faith. Yochum v. Davis, 98 Nev. 484, 486, 653 P.2d 1215, 1216 (1982). A showing of a meritorious defense to the action is also required. Deros v. Stern, 87 Nev. 148, 152, 483 P.......
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Barry v. Lindner, No. 38177.
...100 Nev. 1, 27, 677 P.2d 594, 610 (1984) (noting that NRCP 60(b) allows a party to file a motion to vacate orders). 9. Yochum v. Davis, 98 Nev. 484, 486, 653 P.2d 1215, 1216 (1982) (citing Hotel Last Frontier v. Frontier Prop., 79 Nev. 150, 154, 380 P.2d 293, 295 (1963)). 10. Epstein v. Eps......
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Moseley v. Dist. Ct.
...and (4) good faith. See Stoecklein v. Johnson Electric, Inc., 109 Nev. 268, 271, 849 P.2d 305, 308 (1993); see also Yochum v. Davis, 98 Nev. 484, 486, 653 P.2d 1215, 1216 (1982) (citing Hotel Last Frontier v. Frontier Prop., 79 Nev. 150, 154, 380 P.2d 293, 295 (1963)). The district court is......
-
Kahn v. Orme, 21784
...neglect." Before granting an NRCP 60(b)(1) motion, the district court must consider several factors, as provided in Yochum v. Davis, 98 Nev. 484, 653 P.2d 1215 (1982). First, there must have been "a prompt application to remove the judgment." Yochum, 98 Nev. at 486, 653 P.2d at 1216 (citing......
-
Stoecklein v. Johnson Elec., Inc., 23302
...proceedings; (3) a lack of knowledge of the procedural requirements on the part of the moving party; and (4) good faith. Yochum v. Davis, 98 Nev. 484, 486, 653 P.2d 1215, 1216 (1982). A showing of a meritorious defense to the action is also required. Deros v. Stern, 87 Nev. 148, 152, 483 P.......
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Barry v. Lindner, 38177.
...100 Nev. 1, 27, 677 P.2d 594, 610 (1984) (noting that NRCP 60(b) allows a party to file a motion to vacate orders). 9. Yochum v. Davis, 98 Nev. 484, 486, 653 P.2d 1215, 1216 (1982) (citing Hotel Last Frontier v. Frontier Prop., 79 Nev. 150, 154, 380 P.2d 293, 295 10. Epstein v. Epstein, 113......