Gartei v. Gartei ( 2023 )

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
MAY 9, 2023
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2023 ND 92Matilda N. Gartei, Plaintiff and Appellee
v.
Kelvin M. Gartei, Defendant and Appellant
No. 20220358
Appeal from the District Court of Cass County, East Central Judicial District,
the Honorable Reid A. Brady, Judge.
AFFIRMED.
Per Curiam.
Leah M. Warner, Fargo, ND, for plaintiff and appellee; submitted on brief.
Timothy P. Hill, Fargo, ND, for defendant and appellant; submitted on brief.
Gartei v. Gartei
No. 20220358
Per Curiam.
[¶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).
[¶2] Jon J. Jensen, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
Douglas A. Bahr
1