Schwan v. Folden

SANDSTROM, Justice.

[¶ 1] Paul Folden appeals the district court’s grant of default judgment against him. After conducting a trial on the merits, the district court granted a motion for default judgment. In doing so, we conclude, the district court abused its discretion. We reverse and remand so that the case may be decided on the merits. Although we rule in favor of Folden, he may not tax the costs of this appeal against Gerard Schwan, because Folden has violated the North Dakota Rules of Appellate Procedure.

I

[¶ 2] This case comes before us in an unusual procedural posture. The case began…