Asset Acceptance, LLC v. Nash

20080345 Asset Acceptance, LLC, Plaintiff and Appellee
v.
Zann K. Nash, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Morton County
Judge David E. Reich
Nature of Action: Debtor/Creditor
Counsel:
Appellant: John J. Gosbee
Appellee: Rodenburg Law Firm
Term: 06/2009   Argument: 06/04/2009  10:45am
ND cite: 2009 ND 94
NW cite: 767 N.W.2d 529

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. In light of Rule 3.7(a) of the North Dakota Rules of Professional Conduct, may a lawyer testify by affidavit as to the genuineness of an alleged account due to obtain a default judgment against an alleged debtor?
2. Is a defendant entitled to have a default judgment vacated when that judgment was obtained by admission of evidence incompetent on its face?

Appellee's Statement of the Issues:
Whether the District Court Abused It's Discretion in Denying Zann Nash's Motion to Void Judgment.
The district court found that Zann Nash did not appear after being served, and held that there was no evidence to indicate that Nash was entitled to relief under N.D.R.Civ.P.60(b).

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Docket entries:
112/24/2008 NOTICE OF APPEAL: 12/22/2008
201/20/2009 RECORD ON APPEAL
301/30/2009 TRANSCRIPT DATED August 25, 2008
401/30/2009 DISK of TRA
503/06/2009 MOT. EXT/TIME APPELLANT BRIEF
603/06/2009 ACTION BY CLERK - MAT. Granted: 04/13/2009
703/06/3009 E-FILED MOTION - MAT
804/13/2009 APPELLANT BRIEF (e-filed) (PDF)
904/13/2009 E-FILED BRIEF (ATB)
1004/13/2009 APPELLANT APPENDIX (e-filed)
1104/13/2009 E-FILED APPENDIX (ATA)
1204/20/2009 Received $25 surcharge for ATB (Receipt No. 18811)
1304/22/2009 Received 7 copies of ATB from Central Duplicating
1404/22/2009 Received 6 copies of ATA from Central Duplicating
1504/22/2009 APPELLEE BRIEF (e-filed)
1604/22/2009 E-FILED BRIEF (AEB)
1704/22/2009 Request for Waiver of Oral Argument on Behalf of Appellee (e-filed)
1804/22/2009 E-FILED MOTION (Request for Waiver of Oral Argument)
1904/23/2009 Received $25 surcharge for e-filed AEB (Receipt No. 18816)
2004/27/2009 Received 7 cc of AEB from Central Duplicating
2105/25/2009 ACTION BY SUPREME COURT (Request to waive oral argument on behalf of the Appellee). Granted
2206/04/2009 APPEARANCES: John J. Gosbee/Waived under N.D.R.App.P. 34(f)
2306/04/2009 ARGUED: Gosbee
2406/04/2009 ORAL ARGUMENT WEBCAST
2506/17/2009 DISPOSITION: AFFIRMED BY SUMMARY DISP.
2606/17/2009 UNANIMOUS OPINION: Per Curiam
2706/17/2009 Costs on appeal taxed in favor of Appellee
2806/18/2009 Judgment E-Mailed to Parties
2907/15/2009 MANDATE
3007/17/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/31/2014