Austin v. Towne

[¶ 20] Because I would dismiss this appeal as untimely, I respectfully dissent.

[¶ 21] The majority opinion concludes the sworn affidavit of mailing of the district court’s finding and order of December 14, 1995 to Towne on January 16, 1996, does not “equate with actual notice” of entry of the order that Towne belatedly moved to vacate and then appealed, citing Thorson v. Thor-son, 541 N.W.2d 692 (N.D.1996). Without giving any effect to that notice, the majority concludes Towne’s right to appeal began much later. I disagree.

[¶22] In my opinion, Thorson is not a satisfactory precedent, nor…