GARTEI v. GARTEI (2023)

Supreme Court of North Dakota.

Matilda N. GARTEI, Plaintiff and Appellee v. Kelvin M. GARTEI, Defendant and Appellant

No. 20220358

Decided: May 09, 2023

Leah M. Warner, Fargo, ND, for plaintiff and appellee; submitted on brief. Timothy P. Hill, Fargo, ND, for defendant and appellant; submitted on brief.

[¶1] Kelvin Gartei appeals from a district court order denying his motion to vacate the judgment. He argues the court erred in denying his motion to vacate and determining the matter was heard on the merits. “Our review is limited to whether there is a sufficient justification for disturbing the finality of the judgment.” C & K Consulting, LLC v. Ward Cnty. Bd. of Comm'rs, 2020 ND 93, ¶ 16, 942 N.W.2d 823. “We review the court's decision for an abuse of discretion.” Id. We summarily affirm under N.D.R.App.P. 35.1(a)(4) and (7); see Hildebrand v. Stolz, 2016 ND 225, ¶¶ 8-9, 888 N.W.2d 197 (remedies applicable to default judgments do not apply when the district court hears testimony and receives evidence, even if from only one party).

Per Curiam.

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

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