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FIRST BANK v. NESET

Civil No. 960127.

559 N.W.2d 211 (1997)

1997 ND 4

FIRST BANK, fsb, successor by merger to First Bank of North Dakota, N.A., Plaintiff and Appellee, v. Gilbert Allen NESET, Defendant and Appellant, and Valara Cossette, Thomas Cossette, John Doe, and Mary Roe, Defendants.

Supreme Court of North Dakota.

January 16, 1997.

Attorney(s) appearing for the Case

Jonathan R. Fay, of Stein, Moore & Fay, St. Paul, MN, for plaintiff and appellee.

David A. Overboe, West Fargo, for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] Gilbert Neset has appealed from an order denying his motion for relief from a default judgment under N.D.R.Civ.P. 4(e)(7) and 60(b). We affirm, concluding Neset was properly served by publication under N.D.R.Civ.P. 4(e) and failed to show he did not have actual notice of the action justifying relief under N.D.R.Civ.P. 4(e)(7).

I

[¶ 2] In 1985 Neset executed an adjustable rate note in favor of First Bank, and First...

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