Hatch v. Hatch

16 Citing cases

  1. US Bank National Ass'n v. Arnold

    2001 N.D. 130 (N.D. 2001)   Cited 21 times
    Denying the defendant Rule 60(b) relief, but discussing situations in which a defendant's depression and medical condition can lead to relief from a default judgment

    [¶ 12] "Whether particular conduct is an `appearance' for purposes of NDRCivP 55 is a question of law." Hatch v. Hatch, 484 N.W.2d 283, 286 (N.D. 1992). A party must factually demonstrate an appearance in order to obtain relief from judgment.

  2. State v. $33,000.00 U.S.

    2008 N.D. 96 (N.D. 2008)   Cited 20 times
    Stating issue of appearance is question of law and appearance is any response sufficient to give plaintiff notice of intent to contest claim

    [¶ 8] Whether an appearance has been made for purposes of Rule 55(a) of the North Dakota Rules of Civil Procedure is a question of law. Hatch v. Hatch, 484 N.W.2d 283, 286 (N.D. 1992). Questions of law are fully reviewable on appeal. US Bank Nat'l Assoc. v. Arnold, 2001 ND 130, ¶ 12, 631 N.W.2d 150. "If the district court's interpretation of disputed facts is not clearly erroneous, we fully review whether the facts support the ultimate legal conclusion of an appearance." US Bank, at ¶ 12.

  3. Discover Bank v. Romanick

    2023 N.D. 172 (N.D. 2023)

    However, when a defendant has not appeared, he is not entitled to be notified of the motion for default judgment. AE2S Constr., LLC v. Hellervik Oilfield Techs. LLC, 2021 ND 35, ¶ 18, 955 N.W.2d 82; Hatch v. Hatch, 484 N.W.2d 283, 285 (N.D. 1992).

  4. DCI Credit Servs. v. Plemper

    2021 N.D. 215 (N.D. 2021)   Cited 6 times
    In DCI Credit Serv., Inc. v. Plemper, 2021 ND 215, ¶ 12, 966 N.W.2d 904, this Court relied on a long line of North Dakota cases for the proposition N.D.C.C. § 28-26-01(2) is an exception to the general rule requiring civil litigation parties to bear their own attorney's fees.

    Here, the district court held DCI failed to meet the burden entitling it to Rule 60 relief because it did not identify the specific grounds by which the court should grant relief. Hatch v. Hatch, 484 N.W.2d 283, 286 (N.D. 1992) ("A mere recitation of the grounds set forth to Rule 60(b), N.D.R.Civ.P., without specific details underlying such assertions, is not sufficient to afford relief." (quoting Fleck v. Fleck, 337 N.W.2d 786, 790 (N.D. 1983)).

  5. AE2S Constr., LLC v. Hellervik Oilfield Techs.

    2021 N.D. 35 (N.D. 2021)   Cited 2 times

    " State v. $33,000.00 U.S. Currency , 2008 ND 96, ¶ 9, 748 N.W.2d 420. Whether an appearance has been made for purposes of N.D.R.Civ.P. 55 is a question of law. Hatch v. Hatch , 484 N.W.2d 283, 286 (N.D. 1992). "A party must factually demonstrate an appearance in order to obtain relief from judgment." US Bank Nat'l Ass'n v. Arnold , 2001 ND 130, ¶ 12, 631 N.W.2d 150.

  6. Hustle Proof Corp. v. Matthews

    2020 N.D. 32 (N.D. 2020)

    Shull v. Walcker , 2009 ND 142, ¶ 14, 770 N.W.2d 274. "An appearance, like any other reason of mistake, inadvertence, surprise, or excusable neglect for relief from a judgment, must be factually demonstrated." Hatch v. Hatch , 484 N.W.2d 283, 286 (N.D. 1992). "Even though we broadly interpret whether a person has appeared, relief is denied when a party is unable to factually demonstrate an appearance." US Bank Nat'l Ass'n v. Arnold , 2001 ND 130, ¶ 14, 631 N.W.2d 150.

  7. Estate of Harris

    2017 N.D. 35 (N.D. 2017)   Cited 5 times

    ‘A mere recitation of the grounds set forth to Rule 60(b), N.D.R.Civ.P., without specific details underlying such assertions, is not sufficient to afford relief.’ " Hatch v. Hatch , 484 N.W.2d 283, 286 (N.D.1992) (quoting Fleck v. Fleck , 337 N.W.2d 786, 790 (N.D.1983) ). "We will not overturn a trial court's decision on a motion for relief from judgment absent an abuse of discretion." North Shore, Inc. v. Wakefield , 542 N.W.2d 725, 727 (N.D.1996). "

  8. Gustafson v. Gustafson

    2014 N.D. 8 (N.D. 2014)   Cited 2 times

    This Court has explained the standard of review for appearances: Whether an appearance has been made for purposes of Rule 55(a) of the North Dakota Rules of Civil Procedure is a question of law. Hatch v. Hatch, 484 N.W.2d 283, 286 (N.D.1992). Questions of law are fully reviewable on appeal.

  9. Intercept Corporation v. Calima Financial

    2007 N.D. 180 (N.D. 2007)   Cited 15 times

    The concept of "appearance" is broadly defined, and it includes an assortment of acts by a defendant that respond to the complaint sufficiently to give the plaintiff notice of the defendant's intention to contest the claim. Hatch v. Hatch, 484 N.W.2d 283, 285 (N.D. 1992). A lack-of-personal-jurisdiction defense is waived if it is neither made by motion nor included in a responsive pleading.

  10. In the Interest of J.C

    2007 N.D. 111 (N.D. 2007)   Cited 8 times

    This Court has broadly defined an appearance to include any response sufficient to give the other parties or their attorneys notice of an intent to contest a claim. Throndset v. Hawkenson, 532 N.W.2d 394, 397 (N.D. 1995); Hatch v. Hatch, 484 N.W.2d 283, 285 (N.D. 1992); Wallwork Lease Rental Co., Inc. v. Schermerhorn, 398 N.W.2d 127, 129-30 (N.D. 1986); Federal Land Bank v. Lillehaugen, 370 N.W.2d 517, 519 (N.D. 1985). The record establishes that Z.C. had appeared in the termination proceeding and counsel had been appointed to represent her. Z.C.'s pro se answer to the petition indicates an intent to contest the State's claims.