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AmeriFirst Home Improvement Finance Co. v. Kile

November 17, 2009

AMERIFIRST HOME IMPROVEMENT FINANCE CO. F/K/A THE PACESETTER CORPORATION, PLAINTIFF AND APPELLEE
v.
DARCY KILE A/K/A DARCY BASARAB, DEFENDANT AND WALTER KILE A/K/A WALTER KILE, JR., DEFENDANT AND APPELLANT



Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable Douglas L. Mattson, Judge.

Per curiam.

AFFIRMED.

[¶1] Walter Kile Jr. appealed from a judgment ordering him and his ex-wife to pay AmeriFirst Home Improvement Finance Co. for an outstanding debt. Kile argues his due process rights were violated because he was never notified of a hearing, and the complaint against him should have been dismissed because his ex-wife was responsible for the debt under their divorce decree. We conclude no irregularities appear on the face of the judgment. State ex rel. Dep't of Labor v. Riemers, 2008 ND 191, ¶ 11, 757 N.W.2d 50 (citing Reimers Seed Co. v. Stedman, 465 N.W.2d 175, 176 (N.D. Ct. App. 1991); Vogel v. Roberts, 204 N.W.2d 393, 394 (N.D. 1973)). We affirm the judgment under N.D.R.App.P. 35.1(a)(2) and (6).

[¶2] Gerald W. VandeWalle, C.J.

Carol Ronning Kapsner

Mary Muehlen Maring

Daniel J. Crothers

Dale V. Sandstrom

20091117

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