DocketNumber： DA 12-0054
Judges： Cotter, McGrath, Baker, Wheat, Morris, Rice, McKinnon
Filed Date： 2/12/2013
Status： Precedential
Modified Date： 10/19/2024
delivered the Opinion of the Court.
¶1 In December 2008, Linda Green was driving her vehicle southbound on Highway 87 North in Musselshell County, Montana, when she was struck by a truck owned by Stockton Oil Company (Stockton Oil or Stockton) and driven by Ronald Ray Gerber. Green suffered bodily injuries as a result of the accident as well as property damage to her vehicle. On January 7, 2011, Green filed a Complaint in the Fourteenth Judicial District Court against Stockton Oil and Gerber seeking damages. Stockton Oil was served but Gerber was not. Stockton did not respond to the Complaint and a default was entered against the company in February 2011. A damages hearing was subsequently conducted and a judgment for damages totaling $308,200 was entered in April 2011. In October 2011, Stockton moved to set aside the default judgment. Sixty-eight days later, the District Court granted Stockton’s motion.
¶2 Green appeals, contending the District Court lacked jurisdiction to set aside the default judgment once 60 days expired, citing M. R. Civ. P. 60(c)(1). She also opines that Stockton failed to satisfy the
ISSUES
¶3 Direct appeal: Did the District Court err in granting Stockton Oil’s Motion to Set Aside Default Judgment 68 days after it was filed?
¶4 Cross-appeal: Did the District Court slightly abuse its discretion in deeming denied Stockton’s motion to set aside the default judgment?
FACTUAL AND PROCEDURAL BACKGROUND
¶5 On December 2, 2008, Green’s vehicle was struck by a Stockton Oil Company truck driven by Ronald Gerber. Green was injured and her car was damaged. Following the accident, Green and Stockton Oil’s insurer, EMC, worked together for a period of time during which EMC paid $139,246.80 toward Green’s medical bills and resolution of the claim. However, in late December 2010 discussions broke down and on January 7, 2011, Green filed a Complaint and Demand for Jury Trial (Complaint) against Stockton Oil and Gerber seeking damages. On January 10,2011, summonses were prepared for both Stockton Oil and Gerber, and on January 27, Stockton Oil was served with the Complaint and Summons.
¶6 On February 22, 2011, a default was entered against Stockton after the company failed to answer the Complaint. On March 31,2011, the District Court held a hearing to determine Green’s damages. Green did not disclose to the court receipt of funds from EMC. On April 5, 2011, the District Court entered a Judgment by Default against Stockton Oil ordering the company to pay Green $308,200 in damages plus 10% interest per annum. These damages included claims for past and future medical bills, emotional distress, loss of enjoyment of life, and pain and suffering.
¶7 On September 26,2011, a Writ of Execution for Green’s judgment was issued. It was served on Stockman Bank on October 11,2011. The record reveals that $138,273.15 was collected from both Gerber’s and
¶8 On October 19, 2011, citing M. R. Civ. P. 60(b)(6), Stockton Oil filed a Motion to Set Aside Default Judgment. Stockton Oil primarily argued that Green had failed to disclose to the District Court that she had received payments totaling $139,246.80 from Stockton Oil’s insurer, EMC. Stockton maintained that the Default Judgment in the amount of $308,200 should be set aside as it represented excessive damages in light of the undisclosed insurance payments.
¶9 On October 31, 2011, Green filed her brief in opposition to Stockton Oil’s motion'. She argued that she had not yet recovered monies pursuant to the Judgment, and she acknowledged that the $308,200 judgment would be reduced by the amount of funds previously received from Stockton’s insurer. She also argued that Stockton’s motion should not be granted because Stockton could not satisfy the elements of a successful Rule 60(b) motion.
¶10 Pursuant to Rule 60(c), the District Court had 60 days within which to rule on Stockton’s Rule 60(b) motion to set aside the default judgment. The failure to rule within those 60 days resulted in the motion being “deemed denied.” Rule 60(c)(1). The deadline for the District Court’s ruling was December 19, 2011. In a two-line order dated December 27, 2011, the District Court, without explanation or rationale, granted Stockton’s motion to set aside the default judgment. ¶11 On January 17, 2012, Stockton Oil filed an answer to Green’s Complaint on behalf of itself and Gerber. Green appeals the District Court’s order granting Stockton’s motion, asserting in part that upon expiration of the 60 days allocated for a ruling under Rule 60(c), the District Court lost jurisdiction over the matter and could no longer issue any rulings in the case. In the alternative, she argues that Stockton failed to establish that it was entitled under Rule 60(b) to have the default judgment set aside. Stockton argues the court’s order setting aside the default judgment was correct, and that the order should stand in light of the misconduct of Green’s counsel in the manner in which she obtained the default judgment.
STANDARD OF REVIEW
¶12 Whether a district court has jurisdiction to rule on a matter is a
¶13 We review the deemed denial of a motion to set aside a default judgment for a slight abuse of discretion. Ford Motor Credit Co. v. Wellnitz, 2008 MT 314, ¶ 11, 346 Mont. 61, 194 P.3d 630.
DISCUSSION
¶14 Did the District Court err in granting Stockton Oil’s Motion to Set Aside Default Judgment 68 days after it was filed?
¶15 M. R. Civ. P. 55(c) permits a court to set aside a default judgment in accordance with Rule 60(b). Rule 60(b)(l)-(5) allows a party to file a motion with the district court to relieve the party from a final judgment, order or proceeding for several specific reasons, including but not limited to, a mistake, newly discovered evidence, fraud, and a void or satisfied judgment. Rule 60(b)(l)-(5). Rule 60(b)(6) allows a party to seek relief from a final judgment for “any other reason that justifies relief.” A party seeking relief under Rule 60(b) must file its motion “within a reasonable time.”
¶16 For many years, district courts and this Court have stated that once a motion has been deemed denied, the district court loses jurisdiction to act further. See e.g. State ex rel. Sinko v. District Court, 64 Mont. 181, 187-88, 208 P. 952, 955 (1922); Johnson v. Eagles Lodge Aerie 3913, 284 Mont. 474, 478, 945 P.2d 62, 64 (1997); Wellnitz, ¶ 17; Mobley & Sons, Inc. v. Weaver, 2009 MT 312, ¶ 17, 352 Mont. 396, 218 P.3d 472. For the reasons set forth below, these cases as well as those cited in footnote 4 are to a limited extent overruled.
¶17 In Miller v. Eighteenth Jud. Dist. Court, 2007 MT 149, 337 Mont. 488, 162 P.3d 121, we acknowledged our confusing and often “confounding” use of the term “jurisdiction.” In Miller, we were asked to determine the consequences of a prosecutor’s failure to file a notice
¶18 Miller and LeBrum argued that the 60-day deadline created “a jurisdictional defect” precluding the State from seeking the death penalty and imposing it as a sentence. Miller, ¶ 42. We responded that “[i]t is important not to confuse categorical time prescriptions with jurisdictional provisions.” Miller, ¶ 43. We explained that subject-matter jurisdiction “involves the fundamental power and authority of a court to determine and hear an issue. Hence, a provision is properly characterized as ‘jurisdictional’ if it ‘delineates the classes of cases ... falling within a court’s adjudicatory authority.’ ” Miller, ¶ 43 (citation omitted). While disagreeing with Miller and LeBrum’s jurisdictional argument, we determined that the prosecutor failed to timely file the requisite notice, and that the Standard did not contain an exception that would allow a late filing. We observed that the Standard constituted “a categorical time prescription and not a jurisdictional provision,” and that it is “ ‘unalterable’ on a defendant’s motion but can be forfeited if the defendant ‘waits too long to raise the point.’ ” Miller, ¶ 46. We therefore reversed the district court’s order allowing the late notice of intent.
¶19 In Davis v. State, 2008 MT 226, 344 Mont. 300, 187 P.3d 654, we revisited this issue as it applied to the one-year period within which a criminal defendant may challenge the validity of his or her sentence. Section 46-21-102, MCA. In Davis, Davis agreed to plead guilty to attempted deliberate homicide, assault on a peace officer, and criminal endangerment. He also waived his right to withdraw his guilty plea or to challenge his sentence by direct appeal, habeas corpus, or post-
¶20 Subsequently, Davis moved for appointment of counsel for post-conviction proceedings. The district court issued a minute entry indicating that Davis’ earlier counsel remained as appointed counsel for post-conviction; however, neither Davis nor his counsel received notice of the continuation of representation. By the time it was discovered, the one-year post-conviction time bar in § 46-21-102, MCA, had run. Davis, ¶ 7. Davis moved to have the one-year time bar tolled. The State did not respond to Davis’ motion and the district court, sua sponte, questioned whether it had jurisdiction over this motion. It ultimately concluded that the one-year time bar was “jurisdictional” and could not be tolled absent new evidence of a constitutional violation. Davis, ¶ 8. Davis appealed. Davis, ¶ 9.
¶21 Citing extra-jurisdictional cases concluding that statutorily-prescribed time periods are “rigid time prescriptions for constitutionally significant purposes, but ... do not define or limit subject-matter jurisdiction,” (In re Civil Commitment of Giem, 727 N.W.2d 198, 203 (Minn. App. 2007)), we determined that the one-year time bar in § 46-21-102, MCA, was not jurisdictional. Davis, ¶¶ 15,25. We therefore remanded the matter to the district court with specific instructions to consider Davis’ motion on equitable grounds. Davis, ¶ 25.
¶22 More recently in BNSF Ry. Co. v. Cringle, 2010 MT 290, 359 Mont. 20, 247 P.3d 706, we were asked to determine whether BNSF’s failure to satisfy the 14-day filing deadline contained in § 49-2-505(3)(c), MCA, deprived the district court of subject-matter jurisdiction. Relying on Davis and Miller, among others, we noted in Cringle that “[t]he [Legislature does not deprive the courts of subject matter jurisdiction when it enacts filing or notice deadlines.... We have emphasized the importance of not confusing the situation of a claimant’s untimely filing with the district court’s subject matter jurisdiction.” Cringle, ¶ 13. We continued that “categorical time prescriptions” do not “withdraw” or “circumscribe” the district courts’ subject matter jurisdiction. Cringle, ¶ 14. Accordingly, we remanded Cringle to the district court with instructions that the court hear BNSF’s “alleged good cause that would justify its motion for an extension of time” to file its appeal of the Department of Labor’s ruling under § 49-2-505(3)(c) and (4), MCA. Cringle, ¶ 28.
¶23 The foregoing cases are not completely apposite because they address situations in which a party has failed to comply with a rule-based or statutory deadline. Here, it is the court which failed to comply
¶24 As the foregoing cases illustrate and for good reason, we have moved away from past pronouncements that statutory or rule-based time bars constitute jurisdictional impediments upon the district courts’ authority to act. Quite simply, unless a statute, rule, or constitutional provision expressly imposes jurisdictional limitations, the expiration of a time bar does not deprive a district court of the jurisdiction to further act in the matter before it.
¶25 Having concluded the court did not lose jurisdiction of the case once the 60-day time period expired, we must next determine whether the District Court erred in entering its untimely order setting aside the default judgment. We conclude that it did. While many of the cases cited herein erroneously conclude that the district court lost jurisdiction after failing to meet a time bar, these cases also stand for the proposition that the time limits set forth in Rules 59 and 60 are mandatory and should be strictly enforced. For example, in Wellnitz we stated “Rule 60(c) incorporates the strict 60 day time limit for a district court to rule on a motion for relief from a judgment under Rule 60(b). We have consistently enforced this deadline. The time limits provided
¶26 In Forsythe, we rejected Forsythe’s argument that the temporal limitations contained in Rule 59(d) (the “deemed denied” provision similar to that contained in Rule 60, are unconstitutional because they deprive her of procedural due process). Forsythe, ¶ 10. We cited Kelly v. Sell & Sell Paint Contractors, 175 Mont. 440, 443, 574 P.2d 1002, 1003 (1978), for the proposition that while Rule 59(d) “may in some cases, work harsh results ... it is perhaps more important that the public have the expectation and right to finality of judgments. This can only be accomplished when there is a cut-off time for a District Court to rule.” We further observed that “just because a rule is arbitrary does not mean it should not be favored.” Forsythe, ¶ 9.
¶27 Statutory and rule-based deadlines are important and must be strictly enforced. Thus, though the District Court had jurisdiction to act after the 60-day “deemed denied” deadline had passed, it erred in categorically ignoring the expiration of the deadline and granting the motion to set aside the default judgment. Once the motion to set aside the judgment was deemed denied by operation of law, Stockton’s recourse was “to appeal the denial in order to preserve the issue as to whether the default judgment should be set aside.” Johnson, 284 Mont, at 479, 945 P.2d at 65.
¶28 The foregoing rule that rule-based and statutory deadlines must be strictly enforced carries with it a caveat. As we noted in Miller, ¶ 46, a time prescription is “unalterable” but can be forfeited if a party “waits too long to raise the point.” By way of illustration, had Green failed to promptly challenge the District Court’s untimely granting of Stockton’s motion to set aside the default judgment, and instead proceeded to trial on the merits of the action, a belated appeal challenging the court’s earlier untimely ruling would be too late. As we noted in State v. Malloy, 2004 MT 377, ¶ 11, 325 Mont. 86, 103 P.3d 1064, quoting § 1-3-207, MCA, “it is a well-established maxim of law that ‘acquiescence in error takes away the right of objecting to it.
¶29 The practical effect of our ruling that the District Court erred in setting aside the default judgment is that the motion to set aside the default judgment was “deemed denied” at the expiration of 60 days.
¶30 Did the District Court slightly abuse its discretion in deeming denied Stockton’s motion to set aside the default judgment?
¶31 Stockton argued to the District Court that it was seeking relief from the default judgment under Rule 60(b)(6). Relying on Maulding v. Hardman, 257 Mont. 18, 847 P.2d 292 (1993), the company asserted that to be successful under Maulding, it was required to show (1) good cause and (2) a meritorious defense to the underlying claim. Stockton proclaimed that its “good cause” was Green’s failure to share adverse information with the District Court which, in turn, led the court to award excessive damages. Similarly, Stockton’s claimed meritorious defense was that the “judgment clearly [had] excessive damages.”
¶32 Green countered that Maulding was inapposite and, therefore, the two-prong standard in Maulding was not applicable to this case. She asserted that the proper standard for setting aside a default judgment under Rule 60(b)(6) was set forth in Essex Ins. Co. v. Moose’s Saloon, Inc., 2007 MT 202, ¶ 25, 338 Mont. 423, 166 P.3d 451. Green argued that for Stockton’s Rule 60(b)(6) motion to prevail, Stockton must establish: (1) extraordinary circumstances; (2) that it moved to set aside the judgment within a reasonable period of time, and (3) that it was blameless. Green maintained that Stockton did not establish that it was blameless for the entry of a default judgment against it. She also argued that under Essex, Stockton had to show that none of the specific reasons set forth in Rule 60(b)(l)-(5) applied to this case, and that the company failed to address this requirement. Therefore, Green argued, Stockton’s failure to establish blamelessness; extraordinary circumstances; and that it did not qualify for relief under Rule 60(b)(1)-(5) precluded the District Court from granting the motion to set aside the default judgment.
¶33 On appeal, Green claims Stockton did not meet its burden of establishing any of the three Essex requirements needed to prevail under Rule 60(b)(6). She argues that Stockton did not establish extraordinary circumstances that prevented the company from properly filing an answer to the Complaint or that the company was blameless for failing to answer. She contends that Mykel Stockton’s affidavit to the effect he could not recall being served was insufficient to establish that he had not been served, in light of the process server’s affirmative affidavit to the contrary. She further states that Stockton’s motion to set aside the default judgment, filed six months after entry
¶34 As in the District Court, Stockton maintains on appeal that Maulding provides the appropriate legal standard here because cases involving “an analysis of the counsel’s misconduct in obtaining the default judgment and not that of the party moving to set aside the default judgment” are “different from the run-of-the-mill Rule 60(b)(6) case.” As such, Stockton urges us to not rely on “the more recent Rule 60(b)(6) cases,” such as Essex, but return to our Maulding analysis. Stockton opines that a review of “the entire Rule 60(b)(6) case law” reveals there are two categories of cases: (1) cases involving extraordinary situations that go beyond those covered in the first five subsections of Rule 60(b); and (2) cases in which the party in whose favor judgment was entered has acted improperly. The company asserts the Essex standard applies to cases in category 1 and the Maulding standard applies to cases in category 2. Additionally, Stockton maintains that “this case and Maulding fit hand in glove,” and therefore we should affirm the District Court’s ruling setting aside the default judgment. For the reasons set forth below, we disagree.
¶35 Because Stockton brought its motion to set aside the default judgment under Rule 60(b)(6), and the District Court granted the motion based upon such argument, we analyze the case under that provision of Rule 60(b) and do not analyze whether the motion should have been brought under Rule 60(b)(1) — (5). However, we take this opportunity to reiterate the general rule that where the circumstances underlying a default judgment raise grounds that are covered by Rule 60(b)(l)-(5), Rule 60(b)6 is not available for application. Mont. Prof'l Sports, LLC v. Nat’l Indoor Football League, LLC, 2008 MT 98, ¶ 54, 342 Mont. 292, 180 P.3d 1142. See also Bartell v. Zabawa, 2009 MT 204, 351 Mont. 211, 214 P.3d 735 (Cotter, J., dissenting). We now turn to the question of whether to apply the Maulding test or the Essex test.
¶36 InMaulding, Maulding claimed to have been injured when he was a passenger in a car driven by Hardman and the car slid off the road and into a ditch. With Maulding then taking the wheel, Hardman and the two other passengers pushed the car out of the ditch. No one appeared injured and everyone went home. However, Maulding later went to the hospital claiming injuries. Maulding, 257 Mont, at 21, 847 P.2d at 294.
¶37 In his complaint, Maulding alleged Hardman was drinking and driving recklessly. Although served, Hardman failed to answer Maulding’s complaint and the district court entered a default judgment against him. Maulding, 257 Mont, at 21, 847 P.2d at 295. He moved to
¶38 On appeal, we reversed the district court and set aside the default judgment under Rule 60(b)(6). Citing First Nat’l Bank v. Springs, 225 Mont. 62, 67, 731 P.2d 332, 335 (1987),
¶39 Stockton maintains that the conduct of Green’s counsel compels the same result, arguing that Green’s failure to advise the District Court at the time of entry of the default judgment that Stockton’s insurer had already paid her the sum of $139,246.80, justified the order setting aside the default judgment. We disagree. Although the sums previously paid by the insurer were not disclosed at the time of entry of judgment, Green has consistently conceded the propriety of a set-off for these amounts against the judgment amount. Moreover, Maulding obtained an award of compensatory damages without presenting expert testimony on plaintiffs medical condition and an award of punitive damages by arguably misrepresenting the facts underlying the accident to the district court. Here, there was no similar level of misconduct. While we do not condone her lack of candor with the District Court at the time of the default judgment hearing on damages, the actions of Green’s counsel do not present the level of improper conduct that we found in Maulding to constitute good cause for setting aside the default judgment. In re Marriage of Castor, 249 Mont. 495, 500, 817 P.2d 665, 668 (1991). We therefore conclude that Maulding is inapposite. Moreover, because this Court in Maulding erroneously applied the two-part test to be applied when considering a motion to set aside a default-as opposed to a default judgment- we are constrained to overturn it to a limited extent so as to eliminate competing lines of authority in our Rule 60(b)(6) case law.
¶40 It is important to maintain the distinction between setting aside a default and setting aside a default judgment. Rule 55(c) provides that “[t]he court may set aside an entry of default for good cause, and it may set aside a default judgment under Rule 60(b).” We have repeatedly held that a party seeking to set aside the entry of default must establish good cause for doing so, and the existence of a meritorious defense to the action. McClurg v. Flathead County Comm’rs, 188 Mont. 20, 610 P.2d 1153 (1980). However, we subsequently-and erroneously-relied upon a “good cause” analysis when addressing the propriety of setting aside a default judgment in First Nat’l Bank. First Nat’l Bank, 225 Mont. at 67, 731 P.2d at 335. In turn, we relied upon First Nat’l Bank in Maulding, quoting it for the proposition that “a party seeking to set aside a default judgment must show both a good cause for doing so under Rule 60(b) and the existence of a meritorious defense.” Maulding, 257 Mont, at 23, 847 P.2d at 296. Thus, Maulding perpetuated the erroneous importation of the “good cause” standard for setting aside a default, into cases concerned with
¶41 A default is accomplished at the request of the moving party by mere clerical entry at the expiration of the time allotted for a responsive pleading; a default judgment, on the other hand, is the final decision of a court of law. While the terms we use when addressing the burden on a movant seeking to set aside a default versus a default judgment are somewhat amorphous, it should be more difficult to achieve the latter than the former. We therefore deem it necessary to reassert the distinction between the burden imposed on a party seeking to set aside a default (good cause and a meritorious defense), versus that imposed in setting aside a default judgment. More particularly, we reassert that the burden on a person seeking to set aside a default judgment under Rule 60(b)(6) shall be that set forth in Essex. To the extent that the test applied in First Nat’l Bank and Maulding imposed a lesser burden on the party moving to set aside a default judgment under Rule 60(b)(6), these cases are overturned. ¶42 In Essex, we stated:
A successful Rule 60(b)(6) motion requires that the movant demonstrate each of the following elements: (1) extraordinary circumstances; (2) the movant acted to set aside the judgment within a reasonable period of time; and (3) the movant was blameless. (Emphasis added.)
Essex, ¶ 25 (citations omitted). This well-established three-prong test requires that all three prongs be met. In Orcutt v. Orcutt, 2011 MT 107, 360 Mont. 353, 253 P.3d 884, a dissolution matter, we reviewed the wife’s request to set aside a final judgment under Rule 60(b)(6). Applying the Essex test, and addressing the “extraordinary circumstances” prong, we stated that “extraordinary circumstances” include gross neglect or actual misconduct by an attorney. Orcutt, ¶ 12. We further noted that “Rule 60(b)(6) ... is designed primarily for situations where a party is wronged through no fault of its own.” Orcutt, ¶ 15. We determined that wife’s attorney “grossly neglected” her case, resulting in a flagrantly inequitable distribution of the marital estate. Orcutt, ¶ 17. This constituted extraordinary circumstances. Further, it was undisputed that the wife promptly moved to set aside the final judgment, and it was apparent that she was blameless. We therefore concluded that the district court had abused its discretion in denying her motion. See also Bartell, ¶ 25; Wellnitz, ¶ 18; C.T.E.-H. v. T.M.E., 2004 MT 307, ¶ 45, 323 Mont. 498, 101 P.3d 254; Bahm v. Southworth, 2000 MT 244, ¶ 14, 301 Mont. 434, 10 P.3d 99; Karlen v. Evans, 276 Mont. 181, 190, 915 P.2d 232, 238
¶43 In the case before us, Stockton has not met its burden of establishing extraordinary circumstances or blamelessness. Given the fact that Green has always conceded the propriety of a full offset against the judgment of the amounts she received from the insurance company, her conduct does not present the type of “gross neglect or actual misconduct” that existed in Orcutt as an extraordinary circumstance. Further, in light of proof from the process server that Stockton was served with the Complaint and Summons, the affidavit assertion of registered agent Mykel Stockton that he cannot recall seeing the Complaint does not established blamelessness. As we are here analyzing the propriety of the deemed-denial, we therefore conclude that the District Court did not slightly abuse its discretion in deeming denied Stockton’s motion to set aside the default judgment.
CONCLUSION
¶44 For the foregoing reasons, we reverse the District Court’s order granting Stockton’s motion to set aside the default judgment, and direct the District Court to withdraw its December 27, 2011 order, reinstate the default judgment, and enter a corrected judgment reflecting the remaining amounts owed to Green by Stockton.
It is undisputed that Gerber was never served with the Complaint or the Summons and, therefore, is not a party to this appeal. The default judgment was entered solely against Stockton Oil.
As noted above, no judgment was entered against Gerber so the levy upon his account was executed in error.
Prior to October 1,2011, the effective date of the current Montana Rules of Civil Procedure, motions filed under Rule 60(b)(l)-(3) had to be filed within 60 days of entry of the judgment.
Accordingly, we hereby overrule the cases set forth in ¶ 16 of this Opinion to the limited extent that they stand for the proposition that a court loses jurisdiction to act upon the expiration a statutory or rule-based time bar. We also overrule in the same limited manner State ex rel. King v. District Court, 107 Mont. 476, 86 P.2d 755 (1939); State ex rel. Green v. District Court, 126 Mont. 176, 178, 246 P.2d 813, 814 (1952); State ex rel. Gilreath v. District Court, 127 Mont. 431, 265 P.2d 651 (1954); Leitheiser v. Montana State Prison, 161 Mont. 343, 347, 505 P.2d 1203, 1206 (1973); Cain v. Harrington, 161 Mont. 401, 506 P.2d 1375 (1973); Oster v. Oster, 186 Mont. 160, 606 P.2d 1075 (1980); Wallinder v. Lagerquist, 201 Mont. 212, 653 P.2d 840 (1982); Winn v. Winn, 200 Mont. 402, 651 P.2d 51 (1982); Marriage of Miller, 238 Mont. 108, 112, 776 P.2d 1218, 1220 (1989); Bechhold v. Chacon, 248 Mont. 111, 809 P.2d 586 (1991); Marriage of McKinnon, 251 Mont. 347, 825 P.2d 551 (1992); Moulding v. Hardman, 257 Mont. 18, 22, 847 P.2d 292, 295 (1993); Wippert v. Blackfeet Tribe, 260 Mont. 93, 102, 859 P.2d 420, 425 (1993); Marriage of Richards, 2001 MT 183, 306 Mont. 212, 31 P.3d 1002; and Forsythe v. Leydon, 2004 MT 327, 324 Mont. 121, 102 P.3d 25.
By contrast, the existence of subject-matter jurisdiction can be raised at any time by any party or by the court. Big Spring v. Conway (In re Estate of Big Spring), 2011 MT 109, ¶ 23, 360 Mont. 370, 255 P.3d 121.
In First Nat’l Bank, we stated “the party seeking to set aside an entry of default [judgment] must establish good cause for his failure to appear and the existence of a meritorious defense to the action.”