(concurring in result).
[¶ 22.] I concur in result because Ashley has not shown that he had a meritorious defense for non-payment of the $50,000 promissory note. However, I disagree with the majority opinion’s determination concerning excusable neglect based in part on Ashley’s failure to file his answer with the court.
[¶ 28.] The summons that Ashley received was filed September 25, 2002 and provided in relevant part:
You are hereby summoned to appear and answer the Complaint of Plaintiff Bret Estes [ ] and serve a copy of your answer thereto upon the undersigned at his office [attorney’s address], within thirty (30) days after this Summons is served upon you[.] If you fail to answer as required, Plaintiff Estes will apply to the Court to enter default judgment against you for the relief demanded in the Complaint[.]
Ashley followed the instructions of the summons to the letter. He served an answer upon Estes’ attorney within thirty days which denied the allegations of the complaint and gave Estes notice that Ashley intended to raise affirmative defenses. Based on the language of the summons and Ashley’s response thereto, the majority opinion’s determination that Ashley’s response was “not that of a reasonably prudent person under the circumstances” rings false. Ashley did precisely what a reasonably prudent person would have *477done in light of the information provided by the summons. Furthermore, his answer to the complaint put Estes on notice that Ashley intended to defend the lawsuit.
[¶ 24.] Ashley’s response met all of the requirements of an answer with the exception of filing with the court. This is a technical default which had no impact on Estes’ ability to go forward with his suit. As the majority opinion notes, “default judgment is an extreme remedy and should only be granted when ‘the adversary process has been halted because of an essentially unresponsive party.’ ” Upper Plains Contracting, Inc., 2003 SD ¶3, ¶ 12, 656 N.W.2d at 327 (quoting Roso v. Henning, 1997 SD 82, ¶ 8, 566 N.W.2d 136, 140). There is no indication that the adversary process was halted because of Ashley’s failure to file the answer with the court. The only thing the record indicates is apparent continual overreaching by Estes in his dealings with Ashley which culminated in entry of this default judgment.
[¶ 25.] Similarly, Ashley’s failure to appear at the default judgment hearing is excusable neglect. Based upon the summons sent to him by Estes, Ashley could reasonably believe that Estes would be unable to request or be granted a default judgment because Ashley complied with the demands of the summons.
[¶ 26.] Although I agree that the trial court did not abuse its discretion in refusing to vacate the default judgment, I would hold that Ashley’s conduct constituted excusable neglect even though he failed to file his answer with the court or appear at the default hearing.