Multiple Resource Ownership Plan, Inc. v. Design-Build-Manage, Inc

In Multiple Resource Ownership Plan, Inc. v. Design-Build-Manage, Inc., 2002 WY 67, 45 P.3d 647, 652 (Wyo. 2002), the Court held the defendant's belief that he had been granted an extension of time in which to file an answer did not constitute mistake, inadvertence or excusable neglect entitling him to an order setting aside default judgment. The Court said it was not reasonable for the defendant to assume he had an open extension of time in which to file an answer based solely upon a phone conversation with no verbal or written confirmation from the plaintiff and in the face of the explicit requirements of the Wyoming Rules of Civil Procedure. The Court said: "The concept of time limitations for filing pleadings with the court is a fairly basic one of legal practice. The defendant's reliance on his belief in an open-ended extension was simply not reasonable." Id.