Willard v. Berry-Hinckley Industries
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The Supreme Court reversed the order of the district court denying Appellants' Nev. R. Civ. P. 60(b)(1) motion, holding that the district court abused its discretion by failing to address the factors announced in Yochum v. Davis, 653 P.2d 1215 (Nev. 1982), when deciding the Rule 60(b)(1) motion.
In denying Appellants' motion to set aside a sanctions order based on excusable neglect the district court determined that it did not need to consider the Yochum factors to determine if Appellants established excusable neglect because Yochum concerned relief from a default judgment as opposed to relief from an order. The Supreme Court reversed, holding (1) the district court abused its discretion by failing to address the Yochum factors; and (2) the district court must issue express factual findings, preferably in writing, pursuant to each Yochum factor to facilitate appellate review.
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