Fritz v. Hassan

PEDERSON, Justice.

Fritz sought a declaration of default and proceedings to assess damages in a medical malpractice action, pursuant to Rule 55(a)(2), NDRCivP, when St. Joseph’s Hospital and Drs. Wolf, Nicely and Hanewald failed to timely respond to a summons served without a complaint, pursuant to Rule 4(c)(2), NDRCivP. (Dr. Hassan promptly gave notice of appearance, demanded and received a copy of the complaint and timely answered the complaint, and is not involved in this appeal.) When the trial court denied Fritz’s motion for a declaration of default, she appealed, claiming that the order…