Santora v. Santora , 2024 ND 193 ( 2024 )

IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2024 ND 193Inara Santora, n/k/a Inara Xie, Plaintiff and Appellee
v.
Francisco Santora, Defendant and Appellant
and
State of North Dakota, Statutory Real Party in Interest
No. 20240014
Appeal from the District Court of Grand Forks County, Northeast Central
Judicial District, the Honorable John A. Thelen, Judge.
AFFIRMED.
Per Curiam.
Inara Santora, n/k/a Inara Xie, self-represented, Honolulu, HI, plaintiff and
appellee; submitted on brief.
Francisco Santora, self-represented, Davao, Philippines, defendant and
appellant; submitted on brief.
Santora v. Santora
No. 20240014
Per Curiam.
[¶1] Francisco Santora appeals from an order denying his motion to vacate the
amended judgment. He argues the district court lacked jurisdiction and erred in
denying his motion to vacate judgment. Francisco Santora did not contest
personal jurisdiction in his answer or a timely filed motion under N.D.R.Civ.P.
12(b), and voluntarily appeared in this action. The issue is therefore waived.
Intercept Corp. v. Calima Fin., LLC, 2007 ND 180, ¶ 10, 741 N.W.2d 209 (“A lack-
of-personal-jurisdiction defense is waived if it is neither made by motion nor
included in a responsive pleading.”). Further, the court found the residency
requirements of N.D.C.C. § 14-05-17 were met, and therefore the court had
subject matter jurisdiction. The court’s finding that Plaintiff satisfied the six-
month residency requirement is not clearly erroneous. See McComb v. Aboelessad,
535 N.W.2d 744, 748 (N.D. 1995) (“Legal residence is a question of fact that we
review under the clearly erroneous standard.”). We conclude the court did not
abuse its discretion in denying Francisco Santora’s motion to vacate judgment.
To the extent Francisco Santora raised additional issues on appeal, these issues
were inadequately briefed under N.D.R.App.P. 28(b)(7). We summarily affirm
under N.D.R.App.P. 35.1(a)(2), (4), (7), and (8).
[¶2] Jon J. Jensen, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
Douglas A. Bahr
1