Dethloff v. Dethloff

[¶ 26] Because the entry of default judgment as a sanction is too harsh under the circumstances of this ease, I would reverse the entry of default judgment and remand for consideration of a lesser sanction. I therefore dissent.

I

[¶ 27] Generally, William Dethloffs April 9, 1997, answer — even if late — would preclude the entry of a default judgment because it was filed prior to the entry of judgment. See Filler v. Bragg, 1997 ND 24, ¶ 11, 559 N.W.2d 225 (“By its very language, Rule 55 provides default judgment may not be obtained against a party who has appeared. If a party appears by motion…