857 N.W.2d 362
N.D.2014Background
- Cody Schmitt, self-represented, challenges an eviction order issued May 2, 2014.
- The eviction targeted Cody Schmitt and Lisa Stahlberg, who resided in a mobile home on property owned by Rodney and Pamela Schmitt.
- There was no written lease; March 19, 2014 amended notice of eviction directed Stahlberg to vacate within three days and Cody by April 15, 2014.
- Despite the amended notice, neither party vacated by the stated date, prompting eviction proceedings.
- The district court found the amended notice of eviction was properly served and issued an eviction judgment; Cody appealed without a transcript of the evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the amended notice of eviction properly served? | Schmitt contends service was insufficient. | Schmitt argues the notice failed to meet statutory form/requirement. | Yes; service was proper; not clearly erroneous. |
| Is a summons/complaint required with an amended notice of eviction? | Schmitt argues a summons and complaint should accompany the amended notice. | Schmitt notes potential lack of accompanying process. | Not required; district court properly treated amended notice as notice of termination. |
Key Cases Cited
- Gasic v. Bosworth, 2014 ND 85 (North Dakota 2014) (eviction procedure and expedited right to possession)
- Rosendahl v. Rosendahl, 470 N.W.2d 230 (N.D. 1991) (review standard for trial court findings of fact; clearly erroneous standard)
- Paulson v. Paulson, 2011 ND 159 (North Dakota 2011) (transcript requirement on appeal; standard of review for findings)
- State v. Hogie, 424 N.W.2d 630 (N.D. 1988) (document labeling vs. actual legal effect; final judgment standard)
- Anderson v. Heinze, 2002 ND 60 (North Dakota 2002) (eviction action not joinable with other actions; speedy possession proceeding)