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Wells Fargo Bank v. Horob

September 16, 2009

WELLS FARGO BANK, NATIONAL ASSOCIATION, PLAINTIFF AND APPELLEE
v.
TODD K. HOROB, DEFENDANT AND APPELLANT AND LARRY G. HOROB, DEFENDANT



Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable Gerald H. Rustad, Judge.

Per curiam.

AFFIRMED.

[¶1] Todd K. Horob appeals from a district court order holding a default judgment entered by a Nebraska court is entitled to full faith and credit and enforceable in North Dakota.

[¶2] In March 2006, Wells Fargo Bank ("Wells Fargo") brought an action against Horob in Nebraska for collection of an outstanding debt. On October 7, 2007, the Nebraska court entered default judgment against Horob, finding he failed to answer or otherwise respond to Wells Fargo's complaint. Wells Fargo then filed the Nebraska judgment in Williams County district court under N.D.C.C. ch. 28-20.1. On January 4, 2008, the Williams County clerk of court mailed notice of filing a foreign judgment to Horob.

[¶3] We summarily affirm under N.D.R.App.P. 35.1(a)(2).

[¶4] Gerald W. VandeWalle, C.J.

Carol Ronning Kapsner

Mary Muehlen Maring

Daniel J. Crothers

Dale V. Sandstrom

20090916

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