District court’s order setting aside default judgment against hotel-Respondent affirmed. An order setting aside a default judgment was appealable as a special order under Nevada Rules of Appellate Procedure (NRAP) 3A(b)(2)2. The trial court’s determination of excusable neglect under Nevada Rules of Civil Procedure (NRCP) 60(b)(2)3 was not a proper basis upon which to grant relief from the default judgment, but a trial court’s exercise of discretion to deny or grant a motion to set aside a default judgment under NRCP 60(b)(1) on the grounds of mistake, inadvertence, surprise, or excusable neglect will not be disturbed upon appeal, absent an abuse of discretion. The default judgment should have been rendered void under NRCP 60(b)(3) for Appellant’s failure to provide Respondent with the three-days’ written notice of hearings on the application for default judgment required under NRCP 55(b)(2).4 The hotel’s participation in pre-suit negotiations equated to an “appearance” under NRCP 55(b)(2) and the three-days’ written notice under NRCP 55(b)(2) was required when pre-suit interactions evinced a clear intent to appear and defend.
Brown, Keith, "Summary of Lindblom v. Prime Hospitality Corp., 120 Nev. Adv. Op. No. 40" (2004). Nevada Supreme Court Summaries. 652.