Legal Opinion
State Ex Rel. Workers Compensation Bureau v. Kostka Food Service, Inc.
North Dakota Supreme Court
Decided May 19, 1994No. Civ. 930390PublishedCited by 6 opinions
1Opinion of the Court
MESCHKE, Justice.
Kostka Food Service, Inc., claiming its appearance entitled it to a hearing before entry of default judgment, appeals from an order denying its motion to vacate the default judgment. We conclude that the North Dakota Workers Compensation Bureau failed to give adequate notice, required under NDRCivP 55(a)(3) and NDROC 3.2, for its default motion. We therefore reverse and remand to the trial court for entry of an order vacating the default judgment.
After negotiations failed, the Bureau sued Kostka to collect workers’ compensation premiums together with interest and penalties…
2Cases cited11 opinions
- Fed. Sec. L. Rep. P 98,322 Securities and Exchange Commission v. First Financial Group of Texas, Inc., William H. HowtonCourt of Appeals for the First Circuit · 1981
- Perdue v. ShermanNorth Dakota Supreme Court · 1976
- Hatch v. HatchNorth Dakota Supreme Court · 1992
- Overboe v. OdegaardNorth Dakota Supreme Court · 1993
- Federal Land Bank of Saint Paul v. LillehaugenNorth Dakota Supreme Court · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Owens v. StateNorth Dakota Supreme Court · 1998
- State v. $33,000.00 United States CurrencyNorth Dakota Supreme Court · 2008
- Lewis v. NORTH DAKOTA WORKERS COMPENSATION BUREAUNorth Dakota Supreme Court · 2000
- State Ex Rel. North Dakota Department of Labor for the Benefit of Fair Housing of the Dakotas v. RiemersNorth Dakota Supreme Court · 2008
- Friends of Duane Sand-2012 v. Job Service North DakotaNorth Dakota Supreme Court · 2016
1 more not listed; retrieve them via the Exa API.