CONCURS IN THE RESULT.
The opinion authored by Justice Schroeder does not look at the “pattern of neglect” identified in Clear Springs; instead it determines that Jacobsen’s failure to respond is one of those “doubtful cases” where the trial court should favor relief. But the record clearly shows that Jacobsen had been intimately involved in the controversy between Montane and the Greenes. He was represented by counsel throughout negotiations, and understood that the loggers’ lien encumbered the property. He had access to an attorney, but took a cavalier attitude about the complaint — the trial court properly found a pattern of neglect. A “reasonably prudent” person, when faced with a complaint and knowledge of the issue in controversy, would attempt to contact his attorney and formulate an answer to the complaint. See, e.g., Hearst Corp. v. Keller, 100 Idaho 10, 11-12, 592 P.2d 66, 67-68 (1979). The trial court’s conclusion is not an abuse of discretion.
On the other hand, the trial court’s decision grants relief to Montane that Montane should not receive. The loggers’ lien encumbers the property, and does not trigger Jacobsen’s personal liability. Montane acknowledges it cannot seek a judgment against Jacobsen personally for the services it delivered to the Greenes — the record shows no contract between Jacobsen and Montane. As a result, the trial court acted outside the boundaries of its discretion when it entered default against Jacobsen personally.