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Schmitt v. Schmitt

Supreme Court of North Dakota

December 18, 2014

Rodney J. Schmitt and Pamela Schmitt, Plaintiffs and Appellees
v.
Cody Rodney Schmitt and Lisa Renae Stahlberg, Defendants, Cody Rodney Schmitt, Appellant

Page 363

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

AFFIRMED.

Michelle M. Kessler, Cando, ND, for plaintiffs and appellees.

Cody R. Schmitt, self-represented, Dawson, ND, defendant and appellant.

Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom, Carol Ronning Kapsner, Gerald W. VandeWalle, C.J. Opinion of the Court by McEvers, Justice.

OPINION

Page 364

McEvers, Justice.

[¶1] Cody Schmitt, a self-represented litigant, appeals from a district court's Eviction Order, arguing service of the amended notice of eviction was insufficient. Having no transcript to review of the district court's evidentiary hearing, we conclude the district court's finding that service of the notice of termination was proper is not clearly erroneous. We affirm.

I

[¶2] Cody Schmitt and Lisa Stahlberg resided in a mobile home located on property owned by Rodney and Pamela Schmitt. Stahlberg resided on the property since April 25, 2013, and Schmitt resided on the property prior to that. There was no written lease between the parties. On March 19, 2014, Rodney and Pamela Schmitt sent Cody Schmitt and Stahlberg an amended notice of eviction, directing Cody Schmitt vacate by April 15, 2014, and Stahlberg vacate within three days. Cody Schmitt and Stahlberg did not vacate the property by April 15, 2014.

[¶3] On April 17, 2014, the Pierce County Sheriff's Office served Cody Schmitt and Stahlberg with the notice of intention to evict them from the property. According to the notice of intention to evict, Cody Schmitt and Stahlberg had three days to vacate the property. After three days elapsed, Cody Schmitt and Stahlberg remained on the property. Accordingly, Rodney and Pamela Schmitt started this eviction action requesting the district court order Cody Schmitt and Stahlberg to vacate the property. A hearing was held on the eviction action. On May 2, 2014, the district court issued an Eviction Order[1] requiring Cody Schmitt and Stahlberg vacate the property by May 13, 2014. Cody Schmitt appealed the district court's decision.

II

[¶4] On appeal, Cody Schmitt's primary argument is that the " amended notice of eviction" should be deemed insufficient due to lack of service. It is difficult to discern Cody Schmitt's reasoning, but it appears he alleges a summons and complaint should have been included with the amended notice of eviction. In support of his argument, Cody Schmitt relies on various legal authorities that are inapplicable here including cases relating to fraud, good faith in business ...


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