Hochhalter v. Great Western Enterprises, Inc
In Hochhalter v. Great Western Enterprises, Inc., 708 P.2d 666, 669-670 (Wyo. 1985), the defendants' attorney represented that he was actively representing their interests. In truth, however, the attorney was lying to his clients and had failed to file an answer.
The Court held that "A litigant is not necessarily entitled to relief under Rule 60(b)(6) solely because his counsel was grossly negligent. To hold otherwise would be inconsistent with holding each party 'bound by the acts of his lawyer-agent.'" 708 P.2d at 670.
In Hochhalter, the Court suggested that proof that an attorney's gross negligence was the product of personal or psychological problems could constitute an extraordinary circumstance.
Absent such a demonstration, a district court does not abuse its discretion in denying a request for relief under Rule 60(b)(6). 708 P.2d at 670.