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PETERSON v. JASMANKA

No. 20130162.

842 N.W.2d 920 (2014)

2014 ND 40

Jack M. PETERSON, Lilly Peterson, Lacey Mineral and Royalty General Partnership, John R. Lacey, Ramona Lacey, Michael Lacey, Cheryl Lacey, and John Satermo a/k/a Lee John Satermo, Eugene H. Peterson, Plaintiffs and Appellees v. Lester JASMANKA, deceased, through Personal Representative Monica CLARK, Chief Financial Officer for Hanna Boys Center, f/k/a Archbishop Hanna Center for Boys, Sonoma, California, and all other persons unknown claiming any estate or interest in or lien or encumbrance upon, the property described in the Complaint, Defendants Lester Jasmanka, deceased, through Personal Representative Monica Clark, Chief Financial Officer for Hanna Boys Center, f/k/a Archbishop Hanna Center for Boys, Sonoma, California, Appellant Hal Nestaval, Darlene Nestaval, Jerry Nestaval, Sara Nestaval and Kirk Nestaval, Sylvia M. Holst, Veneda and Gary Yeager, Michelle and Daniel Riddle, and Jon and Karen Holst, Appellees.

Supreme Court of North Dakota.

February 21, 2014.

Attorney(s) appearing for the Case

Andrew T. Forward (argued) and Richard P. Olson (on brief), Minot, N.D., for plaintiffs and appellees Jack M. Peterson, Lilly Peterson, Lacey Mineral and Royalty General Partnership, John R. Lacey, Ramona Lacey, Michael Lacey, Cheryl Lacey, and John Satermo, a/k/a Lee John Satermo, and Eugene H. Peterson.

Joshua A. Swanson (argued) and H. Patrick Weir, Jr. (appeared), Fargo, N.D., for appellant Lester Jasmanka, deceased, through Personal Representative Monica Clark, Chief Financial Officer for Hanna Boys Center, f/k/a Archbishop Hanna Center for Boys, Sonoma, California.

Sandra B. Dittus and Sara R. Behrens , Grand Forks, N.D., for appellees Hal Nestaval, Darlene Nestaval, Jerry Nestaval, Sara Nestaval, and Kirk Nestaval; submitted on brief.

Zachary E. Pelham (argued), Bismarck, N.D., for appellees Sylvia M. Holst, Veneda and Gary Yeager, Michelle and Daniel Riddle, and Jon and Karen Holst.

John W. Morrison, Jr. , and Paul J. Forster , Bismarck, N.D., for amicus curiae Whiting Oil and Gas Corporation.

SANDSTROM, Justice.

[¶ 1] Monica Clark, as the personal representative of the estate of Lester Jasmanka, appeals from a district court order denying her motion to vacate a 1990 default judgment quieting title to certain mineral interests in Jack and Eugene Peterson. We affirm, concluding (1) the 1990 judgment was not void and therefore could not be vacated under N.D.R.Civ.P. 60(b)(4), and (2) the motion to vacate the judgment for fraud and misrepresentation under...

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