Heisler v. Reiger

Citations

• 2025 ND 180

Syllabus

A post-trial motion invoking both N.D.R.Civ.P. 59 and N.D.R.Civ.P. 60(b) extends the time to file an appeal until notice of entry of the order disposing of the motion when the motion is brought within the time limits set forth in N.D.R.Civ.P. 59(c)(2) and N.D.R.App.P. 4(a)(3). The 60-day period for filing an appeal under N.D.R.App.P. 4(a)(1) starts to run in the absence of a notice of entry of the judgment or order only when the record clearly shows the appealing party had actual knowledge of the judgment or order, as evidenced by some affirmative action taken by the appealing party that shows actual knowledge. The email notice the clerk of district court provides the parties pursuant to N.D.R.Ct. 3.5(e)(5) does not equate to actual notice that will start the 60-day period for filing an appeal in the absence of a notice of entry of the judgment or order. The judgment of the district court in favor of the appellee is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).