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IRET Props. v. Tano

Supreme Court of North Dakota

June 18, 2014

IRET Properties, a North Dakota, Limited Partnership, Plaintiff and Appellee
v.
Dr. Benoit Tano and Fatima Trigui Tano, Defendants and Appellants

Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Lawrence E. Jahnke, Judge.

Donald T. Campbell (argued), Minneapolis, MN, for plaintiff and appellee.

Benoit Tano (argued) and Fatima T. Tano (appeared), self-represented, Onalaska, WI, defendants and appellants.

Gerald W. VandeWalle, C.J., Lisa Fair McEvers, Carol Ronning Kapsner, Dale V. Sandstrom, Daniel J. Crothers.

OPINION

Per Curiam.

[¶1] Dr. Benoit Tano and Fatima T. Tano appeal from a district court order denying their motion to vacate or set aside default judgment. On appeal, the Tanos argue the district court abused its discretion in failing to find excusable neglect existed because they were unable to obtain legal representation in spite of their diligent efforts. Failure to obtain legal representation does not amount to excusable neglect under N.D.R.Civ.P. 60(b)(1). See State v. $33,000 U.S. Currency, 2008 ND 96, 748 N.W.2d 420. All other issues the Tanos raised were without merit. We summarily affirm the district court order under N.D.R.App.P. 35.1(a)(4) and (7).

[¶2] Gerald W. VandeWalle, C.J., Lisa Fair McEvers, Carol Ronning Kapsner, Dale V. Sandstrom, Daniel J. Crothers


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