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IRET Properties v. Tano
Citation: 2014 ND 112Docket: 20130359
Court: North Dakota Supreme Court; June 18, 2014; North Dakota; State Supreme Court
Dr. Benoit Tano and Fatima T. Tano appealed a district court order from Grand Forks County, which denied their motion to vacate a default judgment. The Tanos contended that the court abused its discretion by not recognizing their inability to secure legal representation as excusable neglect, despite their efforts. The Supreme Court of North Dakota ruled that the failure to obtain legal representation does not constitute excusable neglect under North Dakota Rule of Civil Procedure 60(b)(1), referencing the case State v. 33,000 U.S. Currency. The court found all other arguments presented by the Tanos to be without merit and affirmed the district court's order. The decision was issued per curiam by the justices, with no further elaboration on the specifics of the case.