Puhto v. Smith Funeral Chapels, Inc.
Annotate this CaseDonald Puhto and his sister, Janet Barrett, commenced an action against Defendant Smith Funeral Chapels, alleging negligence and misrepresentation in the handling of their deceased uncle's remains. Counsel for Puhto and Barrett withdrew from the representation. Defendant's counsel then sent Puhto and Barrett a notice of removal of attorney for plaintiffs informing them of the need to appoint a new attorney or appear in person at a show cause hearing. After Puhto and Barrett failed to respond to the notice of removal and failed to appear at the hearing, the district court dismissed the case with prejudice. The court subsequently set aside the dismissal as to Barrett. The court then denied Puhto's motion to set aside the dismissal and request for an evidentiary hearing, finding that Puhto did not raise sufficient indications of mistake, inadvertence, surprise or excusable neglect under Mont. R. Civ. P. 60(b). The Supreme Court affirmed, holding that Puhto had not shown the district court abused its discretion in determining he had not proven excusable neglect.
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