Lunde v. Paulson

2019 ND 5, 921 N.W.2d 402

• Court: North Dakota Supreme Court
• Decided: January 15, 2019
• Docket: 20180248
• Status: Published

Opinion

Per Curiam.

[¶1] Brad Paulson appealed from a default judgment ordering him to pay $1.5 million in damages to Paul Lunde stemming from a May 2015 physical altercation. Paulson argues he was not properly served either the summons and complaint nor the notice of motion for default judgment.

[¶2] Rule 60(b), N.D.R.Civ.P., is the exclusive means for opening a default judgment and, when made for reasons of mistake, inadvertence, surprise, or excusable neglect, must be made within one year after a default judgment has been entered. Flemming v. Flemming , 2010 ND 212 , ¶ 3, 790 N.W.2d 762 ; N.D.R.Civ.P. 60(c). We conclude there are no irregularities on the face of the default judgment, and we affirm under N.D.R.App.P. 35.1(a)(7). See Burgard v. Burgard , 2013 ND 27 , ¶ 11, 827 N.W.2d 1 ("[w]hen a default judgment is appealed, rather than a district court's order regarding a N.D.R.Civ.P. 60(b) motion to vacate the default judgment, we review the default judgment to determine if irregularities appear on the face of the judgment").

[¶3] Gerald W. VandeWalle, C.J.

Jon J. Jensen

Lisa Fair McEvers

Daniel J. Crothers

Jerod E. Tufte