Nielson v. Hornsteiner
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Jennifer and Elo Nielsen commenced an action against Andreas Hornsteiner seeking injunctive relief and damages for actions Hornsteiner took that allegedly interfered with the Nielsens' use of their easement. Horsteiner failed to file an answer within twenty days, and therefore, the district court entered a default judgment against Hornsteiner. Hornsteiner filed a motion to set aside the default for good cause. The district court denied the motion. Thereafter, the court permanently enjoined Hornsteiner from blocking the easement and awarded the Nielsens their costs and attorney's fees. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in refusing to set aside the entry of default against Hornsteiner; and (2) Hornsteiner waived his objection to the award of attorney's fees.
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