Lunde v. Paulson

[¶1] Brad Paulson appealed from a default judgment ordering him to pay $1.5 million in damages to Paul Lunde stemming from a May 2015 physical altercation. Paulson argues he was not properly served either the summons and complaint nor the notice of motion for default judgment.

[¶2] Rule 60(b), N.D.R.Civ.P., is the exclusive means for opening a default judgment and, when made for reasons of mistake, inadvertence, surprise, or excusable neglect, must be made within one year after a default judgment has been entered. Flemming v. Flemming , 2010 ND 212 , ¶ 3, 790 N.W.2d 762 ; N.D.R.Civ.P. 60(c).…