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Asset Acceptance LLC v. Grzeskowiak

IN THE SUPREME COURT STATE OF NORTH DAKOTA


April 30, 2009

ASSET ACCEPTANCE LLC, PLAINTIFF AND APPELLEE
v.
PETER GRZESKOWIAK, DEFENDANT AND APPELLANT

Appeal from the District Court of Walsh County, Northeast Judicial District, the Honorable M. Richard Geiger, Judge.

Per curiam.

AFFIRMED.

[¶1] Peter Grzeskowiak appeals from the district court's order denying his motion to vacate default judgment. Grzeskowiak argues the district court abused its discretion in denying his motion to vacate default judgment. We summarily affirm the district court's order denying Grzeskowiak's motion to vacate default judgment under N.D.R.App.P. 35.1(a)(4).

[¶2] Grzeskowiak also appeals from the district court's order denying his demand for change of judge. The district court denied Grzeskowiak's demand for change of judge stating it was not in compliance with N.D.C.C. § 29-15-21. See Traynor v. Leclerc, 1997 ND 47, ¶ 17, 561 N.W.2d 644 (holding N.D.C.C. § 29-15-21 "contains a number of requirements that, if not performed, would be `other reasons' for invalidation of a demand for change of judge: a demand must be executed in triplicate, filed before the judge sought to be disqualified has ruled upon any matter, `state that it is filed in good faith and not for the purposes of delay,' and `indicate the nature of the action or proceeding, designate the judge sought to be disqualified, and certify that he has not ruled upon any matter pertaining to the action or proceeding in which the moving party was heard or had an opportunity to be heard"). We summarily affirm the district court's order denying Grzeskowiak's demand for change of judge under N.D.R.App.P. 35.1(a)(7).

[¶3] Gerald W. VandeWalle, C.J.

Daniel J. Crothers

Mary Muehlen Maring

Carol Ronning Kapsner

Dale V. Sandstrom

20090430

© 1992-2009 VersusLaw Inc.



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