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SCHWAN v. FOLDEN

No. 20050185.

708 N.W.2d 863 (2006)

2006 N.D. 28

Gerard Joseph SCHWAN, Plaintiff and Appellee v. Paul FOLDEN, Defendant and Appellant.

Supreme Court of North Dakota.

January 31, 2006.

Attorney(s) appearing for the Case

Tom P. Slorby of Slorby Law Office, Minot, for defendant and appellant.

Steven M. Bitz of Bucklin, Klemin & McBride, Bismarck, for plaintiff and appellee.

SANDSTROM, Justice.

[¶ 1] Paul Folden appeals the district court's grant of default judgment against him. After conducting a trial on the merits, the district court granted a motion for default judgment. In doing so, we conclude, the district court abused its discretion. We reverse and remand so that the case may be decided on the merits. Although we rule in favor of Folden, he may not tax the costs of this appeal against Gerard Schwan, because Folden has violated...

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