Opinion
No. 20000120.
Decided November 1, 2000.
Appeal from the District Court of Cavalier County, Northeast Judicial District, the Honorable Laurie A. Fontaine, Judge.
AFFIRMED.
Coby Dalgliesh (submitted on brief), pro se, Box 4, Sarles, N.D. 58372, defendant and appellant.
Robert G. Ackre (submitted on brief), Ackre Baer Chartered, 517 Main Street, P.O. Box 685, Cando, N.D. 58324-0685, for plaintiff and appellee.
NOTE: SUMMARY OPINION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1
[¶ 1] Coby Dalgliesh and Myrtle Halvorson appeal from a judgment dismissing their motion to vacate judgment. Mr. Dalgliesh was unable to appear at oral argument and the appellee waived oral argument. Accordingly, the case was decided on the parties' briefs under N.D.R.App.P. 34(e). The standard of review for the dismissal of a motion to vacate a judgment under Rule 60, N.D.R.Civ.P., is abuse of discretion. See Braunberger v. Interstate Engineering, Inc., 2000 ND 45, ¶ 10, 607 N.W.2d 904. Under Rule 35.1(a)(4), N.D.R.App.P., we summarily affirm the trial court's judgment.
[¶ 2] Gerald W. VandeWalle, C.J., Mary Muehlen Maring, William A. Neumann, Carol Ronning Kapsner, James H. O'Keefe, S.J.
[¶ 3] The Honorable James H. O'Keefe, S.J., sitting in place of Sandstrom, J., disqualified.