|Filed June 17, 2009|
Asset Acceptance, LLC, Plaintiff and Appellee
Zann K. Nash, Defendant and Appellant
Appeal from the District Court of Morton County, South Central Judicial District, the Honorable David E. Reich, Judge. Asset Acceptance, LLC v. Nash
Eeva M. Greenley, Johnson, Rodenburg & Lauinger, 300 N.P. Avenue, Suite 105, P.O. Box 2427, Fargo, ND 58108-2427, for plaintiff and appellee; submitted on brief.
John J. Gosbee (argued), 103 3rd Ave. NW, Mandan, ND 58554-3129, for defendant and appellant.
Asset Acceptance, LLC v. Nash
[¶1] Zann Nash appeals a district court order denying her motion to vacate a default judgment. On appeal, Nash asserts N.D.R.Prof. Conduct 3.7(a) was violated when a lawyer testified by affidavit as to the genuineness of an alleged account due to obtain the default judgment. Nash also contends the default judgment should be vacated because it was obtained by the admission of incompetent evidence.
[¶2] The exclusive means for opening a default judgment is N.D.R.Civ.P. 60(b). Rydell GM Auto Center, Inc. v. Johnson, 2007 ND 75, ¶ 2, 734 N.W.2d 342 (citing Filler v. Bragg, 1997 ND 24, ¶ 8, 559 N.W.2d 225). "The decision whether to vacate a default judgment will not be set aside unless the district court abused its discretion." Id. (citing Filler, 1997 ND 24, ¶ 9, 559 N.W.2d 225). Nash did not present evidence or arguments demonstrating she is entitled to relief under N.D.R.Civ.P. 60(b). We hold the district court did not abuse its discretion in denying Nash's motion to vacate the default judgment. We summarily affirm under N.D.R.App.P. 35.1(a)(7), Rydell, 2007 ND 75, ¶ 2, 734 N.W.2d 342.
|[¶3]|| Gerald W. VandeWalle, C.J.|
Carol Ronning Kapsner
Dale V. Sandstrom
Daniel J. Crothers
Mary Muehlen Maring