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GUSTAFSON v. GUSTAFSON

No. 20130206.

841 N.W.2d 743 (2014)

2014 ND 8

Bernice GUSTAFSON a/k/a Bernice N. Gustafson, individually and as Personal Representative of the Estate of Leonard Gustafson a/k/a Leonard V. Gustafson, Brian Gustafson, and Michael Gustafson, Plaintiffs and Appellees v. Minnie GUSTAFSON, deceased, Joseph Gustafson, deceased, Helen O. Evans, individually and as Successor Trustee of the Evans Family Trust, dated August 10, 1983, Norma J. Schlueter, William Schlueter, and all other persons unknown claiming any estate or interest in, or lien or encumbrance upon the property described in the Complaint, whether as heirs, devisees, legatees, or personal representatives of any of the above named persons who may be deceased, or under any other title interest, Defendants Burton W. Imboden, Trustee of the Evans Family Trust, Appellant.

Supreme Court of North Dakota.

January 14, 2014.

Attorney(s) appearing for the Case

Elizabeth L. Pendlay, Crosby, N.D., for plaintiffs and appellees; submitted on brief.

Scott M. Knudsvig and Matthew H. Olson, Minot, N.D., for appellant; submitted on brief.

SANDSTROM, Justice.

[¶ 1] Burton Imboden, trustee of the Evans Family Trust, appeals from an order denying his motions to vacate a default judgment and to file additional affidavits. We affirm, concluding the district court did not abuse its discretion in denying the motion to vacate the default judgment, because a message left for the opposing attorney on an answering machine was not an appearance entitling Imboden to notice before entry of the default judgment...

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