SECURED INVESTMENT CORP v. MYERS EXECUTIVE BUILDING LLC (2016)

APPELLANT'S PETITION FOR REHEARING RE: MOTION TO SET ASIDE DEFAULT JUDGMENT PURSUANT TO I.R.C.P. 60(b)(4)

COMES NOW, Defendant-Myers Executive Building. LLC (“Myers”), by and through its attorneys of record, McConnell Wagner Sykes & Stacey PLLC, and files with this Court its Petition For Rehearing Re: Motion to Set Aside Default Judgment Pursuant to I.R.C.P. 60(b)(4).

Pursuant to Idaho Rules of Appellate Procedure 116 and 42(a), Myers petitions the Court for a rehearing of the following issues decided in the Court's Opinion No. 37A2 (“Opinion”), issued on June 24, 2016:

1. That the District Court did not abuse its discretion in denying the motion to set aside the default judgment pursuant to I.R.C.P. 60(b)(4) because the District Court lacked personal jurisdiction over Myers at the time the default judgment was entered.

2. That the District Court did not abuse its discretion in denying the motion to set aside the default judgment pursuant to I.R.C.P. 60(b)(4) because Myers was not properly served.

In accordance with Idaho Rule of Appellate Procedure 42(b), a brief in support of this petition will be filed within fourteen (14) days of the filing date hereof.

BY:

Chynna C. Tipton Attorneys For Defendant-Appellant Myers Executive Building, LLC

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 27th day of June 2016, a true and correct copy of the foregoing document was served by the method indicated below to the following party(ies):

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Chynna C. Tipton

Honorable Rich Christensen, District Judge, Presiding