FIRST NATIONAL BANK OF OMAHA v. YATES (2025)

Supreme Court of North Dakota.

FIRST NATIONAL BANK OF OMAHA, Plaintiff and Appellee v. Shane L. YATES, Defendant and Appellant

No. 20240274

Decided: January 23, 2025

Dylan M. Evans, Fargo, ND, for plaintiff and appellee; submitted on brief. Shane L. Yates, self-represented, Fargo, ND, defendant and appellant; submitted on brief.

[¶1] Shane Yates appeals from an order denying his motion for relief from judgment. Yates argues the district court erred in denying his motion for relief because First National Bank of Omaha improperly served him with the summons and complaint, and relief under N.D.R.Civ.P. 60(d)(1) was appropriate. Yates was personally served by the Cass County Sheriff's Department, which is evidenced by the Sheriff's affidavit of service and acknowledged in Yates's answer. We summarily affirm under N.D.R.App.P. 35.1(a)(1), concluding the appeal is frivolous and completely without merit.

Per Curiam.

[¶2] Jon J. Jensen, C.J. Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Douglas A. Bahr

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