First National Bank of Belfield v. ObrigewitchCivil No. 880302

Gierke, Justice.

This is an appeal by the defendant, Joe M. Obrigewitch, Jr., in a case in which the district court granted default judgment in favor of the plaintiff, First National Bank of Belfield. First National Bank of Belfield filed a motion to dismiss the appeal which we deny.

Obrigewitch argues on appeal that the case should have been dismissed because he was not properly served with the summons and complaint. Obrigewitch also argues that the trial court erred in granting default judgment in favor of First National Bank of Belfield. Because we believe that service was proper and that default judgment was appropriately granted by the district court, we affirm pursuant to Rule 35.1(a)(6) and (7), N.D.R.App.P.; Flex Credit, Inc. v. Winkowitsch, 428 N.W.2d 236 (N.D. 1988).

H.F. Gierke III
Gerald W. VandeWalle
Beryl J. Levine
Herbert L. Meschke
Ralph J. Erickstad, C.J.