No. 92-348 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1992 

HOWARD N. HORTON, 

Plaintiff and Respondent, 

APPEAL FROM: District Court of the Fourth Judicial District, 

In and for the County of Missoula, 

The Honorable John S. Henson, Judge presiding. 

COUNSEL OF RECORD: 

For Appellant: 

Richard Prinkki, Pro Se, Missoula, Montana 

For Respondent: 

Walter E. Congdon, Congdon Law Offices, 

Missoula, Montana 

Filed: 

Submitted on Briefs: November 19, 1992 

Decided: December 8, 1992 
Chief Justice J. A. Turnage delivered the Opinion of the Court. 

This is a landlord-tenant dispute. The ~istrict Court for the 

Fourth Judicial ~istrict, is sou la County, entered judgment for 

Howard N. Horton after a trial at which Richard Prinkki failed to 

appear, Prinkki appeals. We affirm. 

~rinkki argues he was not given the notice required under Rule 

55(b)(2), M.R.Civ.P., before a default judgment may be entered. 

The record shows that in May 1990, Prinkki, appearing pro se, 

appealed to District Court from a judgment in favor of Horton 

entered by the Missoula County Justice Court. In July 1990, a 

hearing was held on Worton's motion for payment of rent. Prinkki 

appeared in person and was ordered to either pay a rental deposit 

pending trial or else vacate the premises at issue. 

In January 1991, a pretrial conference was set for February 5, 

1991, and later continued to February 12, 1991. Prinkki was apparently present at both pretrial conferences. Trial was set for 

November 1, 1991, then reset for March 12, 1992. 

At trial, the District Judge stated that notice of the trial 

date was sent to Prinkki on January 30, 1992, but was returned with 

no forwarding address. The court stated that a new address was 

obtained and notice was mailed to Prinkki at that address on 

February 14, 1992, and on March 9, 1992, and that these two notices 

were not returned to the court, raising a presumption that Prinkki 

received them. Prinkki did not appear in person or by representa- 
tive at trial. The court heard testimony on behalf of Horton and 

subsequently entered judgment for him. 

Default judgment may be entered only when a party has failed 

to plead or otherwise defend. Rule 55(a), M.R.Civ.P. Default 

judgment would not be proper in this case, because Prinkki pled and 

defended his case, in part. The District Court file shows that 

default judgment was neither requested nor entered. 

Here, judgment was entered after trial at which Prinkki failed 

to appear. Prinkki was given notice of the trial date. No defect 

has been shown in the notice. We therefore affirm the judgment of 

the District Court. 

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 

1988 Internal Operating Rules, this decision shall not be cited as 

precedent and shall be published by its filing as a public document 

with the Clerk of this Court and by a report of its result to the 

West Publishing Company. 

chief Justice 
We concur: 
December 8, 1992 

CERTIFICATE OF SERVICE 

I hereby certify that the following order was sent by United States mail, prepaid, to the 

following named: 

RICHARD PRINKKI 

P.O. Box 2983 

Missoula, MT 59806 

Walter E. Congdon 

CONGDON LAW OFFICES 

520 Brooks Street 

Missoula, MT 59801 

ED SMITH 

CLERK OF THE SUPREME COURT 

STATE OF MONTANA