North Dakota Supreme Court, 2025

First National Bank of Omaha v. Yates

First National Bank of Omaha v. Yates
North Dakota Supreme Court · Decided January 23, 2025
2025 ND 23
First National Bank of Omaha v. Yates

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Opinion

IN THE SUPREME COURT

STATE OF NORTH DAKOTA 2025 ND 23

First National Bank of Omaha, Plaintiff and Appellee v.

Shane L. Yates, Defendant and Appellant

No. 20240274

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Tristan J. Van de Streek, Judge.

AFFIRMED.

Per Curiam.

Dylan M. Evans, Fargo, ND, for plaintiff and appellee; submitted on brief.

Shane L. Yates, self-represented, Fargo, ND, defendant and appellant; submitted on brief.

First National Bank of Omaha v. Yates No. 20240274

Per Curiam. [¶1] Shane Yates appeals from an order denying his motion for relief from judgment. Yates argues the district court erred in denying his motion for relief because First National Bank of Omaha improperly served him with the summons and complaint, and relief under N.D.R.Civ.P. 60(d)(1) was appropriate. Yates was personally served by the Cass County Sheriff’s Department, which is evidenced by the Sheriff’s affidavit of service and acknowledged in Yates’s answer. We summarily affirm under N.D.R.App.P. 35.1(a)(1), concluding the appeal is frivolous and completely without merit. [¶2] Jon J. Jensen, C.J.

Daniel J. Crothers

Lisa Fair McEvers

Jerod E. Tufte

Douglas A. Bahr

Case-law data current through September 30, 2026. Source: CourtListener bulk data.