AmeriFirst Home Improvement Finance Co. v. Kile

Filed Nov. 17, 2009
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2009 ND 184

AmeriFirst Home Improvement Finance Co. f/k/a The Pacesetter Corporation, Plaintiff and Appellee
v.
Darcy Kile a/k/a Darcy Basarab, Defendant
and
Walter Kile a/k/a Walter Kile, Jr., Defendant and Appellant

No. 20090187

Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable Douglas L. Mattson, Judge.
AFFIRMED.
Per Curiam.
Matthew H. Olson (on brief), P.O. Box 1000, Minot, ND 58702-1000, for plaintiff and appellee.
Walter Kile, Jr., self-represented litigant (on brief), defendant and appellant.

AmeriFirst Home Improvement Finance Co. v. Kile
No. 20090187

Per Curiam.

[1] Walter Kile Jr. appealed from a judgment ordering him and his ex-wife to pay AmeriFirst Home Improvement Finance Co. for an outstanding debt. Kile argues his due process rights were violated because he was never notified of a hearing, and the complaint against him should have been dismissed because his ex-wife was responsible for the debt under their divorce decree. We conclude no irregularities appear on the face of the judgment. State ex rel. Dep't of Labor v. Riemers, 2008 ND 191, 11, 757 N.W.2d 50 (citing Reimers Seed Co. v. Stedman, 465 N.W.2d 175, 176 (N.D. Ct. App. 1991); Vogel v. Roberts, 204 N.W.2d 393, 394 (N.D. 1973)). We affirm the judgment under N.D.R.App.P. 35.1(a)(2) and (6).

[2] Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Mary Muehlen Maring
Daniel J. Crothers
Dale V. Sandstrom