State of North Dakota, Plaintiff and Cassie A. Loibl, Plaintiff and Appellee
Jeremy L. White, Defendant and Appellant
from the District Court of Richland County, Southeast
Judicial District, the Honorable Bradley A. Cruff, Judge.
Tressie C. Brazil, Fargo, ND, for plaintiff and appellee,
Cassie A. Loibl.
Jessica L. Busse, Fargo, ND, for defendant and appellant.
1] Jeremy White appeals a district court order denying his
motions for relief from a judgment relating to primary
residential responsibility and for contempt against Cassie
Loibl. We affirm, concluding the court did not abuse its
discretion in denying White's motions.
2] White and Loibl have one child together, born in 2015. In
March 2016, the State sued White to decide issues of child
support, health insurance and who could claim the child for
income tax purposes. White was incarcerated when the State
filed its complaint. The Barnes County Sheriff personally
served White with the complaint at the Barnes County
3] In May 2016, Loibl moved to establish parental rights and
responsibilities. Loibl served White with the motion by
mailing it to the Barnes County Correctional Facility and two
other addresses in Valley City.
4] White did not respond to either the State's complaint
or Loibl's motion. The district court entered a judgment
awarding Loibl primary residential responsibility and sole
decision-making responsibility of the child. The court
awarded White supervised parenting time and ordered him to
pay $575 per month in child support.
5] In February 2017, White moved for relief from the judgment
under N.D.R.Civ.P. 60(b) and for contempt against Loibl.
White claimed he did not respond to Loibl's motion
because he did not receive the motion. He stated he was
released from jail on March 4, 2016, and did not reside at
the addresses to which Loibl mailed the motion.
6] After an April 2017 hearing the district court denied
White's motions. The court found White failed to provide
Loibl his address after she requested it from him and did not
establish extraordinary circumstances warranting relief from
7] White argues the court abused its discretion by denying
his motion for relief from the judgment. He claims
extraordinary circumstances justify relief because he did not
receive Loibl's motion.
8] We review a district court's denial of a motion for
relief from a final judgment or order under N.D.R.Civ.P.
60(b) for an abuse of discretion. Anderson v. Baker,
2015 ND 269, ¶ 7, 871 N.W.2d 830. A district court
abuses its discretion if it acts in an arbitrary,
unconscionable, or unreasonable manner, if it misinterprets
or misapplies the law or if ...