Benintendi v. Hein

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The Heins rented a house from Julia Benintendi and the Perkerwicz family (hereinafter B&P). B&P alleged the Heins caused considerable damage to the property when they vacated the premises. The Heins countered that B&P unlawfully retained their security deposit and refused to reimburse the Heins for home and lawn improvements. B&P sued and obtained a default judgment. The district court subsequently set aside the default judgment and held a jury trial. B&P were awarded damages but not attorney fees or costs. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) the district court did not abuse its discretion in denying attorney fees to both parties; (2) the district court incorrectly required each party to bear its own costs because, as the prevailing party, B&P was entitled to its costs under Mont. Code Ann. 25-10-101; and (3) the district court did not manifestly abuse its discretion in setting aside the default judgment because it had good cause to do so.