State v. Trevino

¶1Filed 12/13/11 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

¶4

¶5

¶6

¶72011 ND 222

¶8

¶9

¶10

¶11Cach, LLC, Plaintiff and Appellee

¶12

¶13v.

¶14

¶15Michael Steele, Defendant and Appellant

¶16

¶17

¶18

¶19No. 20110182

¶20

¶21

¶22

¶23Appeal from the District Court of Cass County, East Central Judicial District, the Honorable John Charles Irby, Judge.

¶24

¶25AFFIRMED.

¶26

¶27Per Curiam.

¶28

¶29Anita A. Sunde, 118 North Broadway, Suite 807, Fargo, ND 58102, for plaintiff and appellee; submitted on brief.

¶30

¶31Michael J. Steele, self-represented, 409 4th Street North, #8, Fargo, ND 58102, defendant and appellant; submitted on brief.

¶32Cach LLC v. Steele

¶33No. 20110182

¶34

¶35Per Curiam.

¶36[¶1] Michael Steele appeals from a default judgment entered in favor of Cach, LLC.  Steele was served with a summons and complaint in a debt-collection action, but he did not file an answer.  Cach, LLC moved for default judgment, serving notice to Steele.  Steele did not respond to the notice, and the district court granted summary judgment against him.  On appeal, Steele argues his due process rights were violated.  Steele also claims Cach, LLC violated the Fair Debt Collection Practices Act and the Consumer Credit Protection Act.

¶37[¶2] The exclusive means for opening a default judgment is N.D.R.Civ.P. 60(b).  Shull v. Walcker, 2009 ND 142, ¶ 12, 770 N.W.2d 274.  Steele did not file a motion for relief from judgment under N.D.R.Civ.P. 60(b).  Rather, he appealed directly to this Court, and we summarily affirm under N.D.R.App.P. 35.1(a)(7).  SeeFlemming v. Flemming, 2010 ND 212, ¶ 3, 790 N.W.2d 762 (citing State ex rel. Dep’t of Labor v. Riemers, 2008 ND 191, ¶ 16, 757 N.W.2d 50); Shull, at ¶ 12.

¶38[¶3] Gerald W. VandeWalle, C.J.

¶39Carol Ronning Kapsner

¶40Mary Muehlen Maring

¶41Daniel J. Crothers

¶42Dale V. Sandstrom