Bickler v. Happy House Movers, L.L.P.

Steven and Linda Bickler commenced an action against Happy House Movers. The Bicklers had contracted with Happy House Movers to raise their house eight feet to protect the house against rising waters at Rice Lake. While Happy House Movers had the house resting on supports above its original position, the house fell, causing significant structural damage. In August 2016, the Bicklers moved for a default judgment. In September 2016, Michael Knoke, an employee of Happy House Movers, moved for an extension of time to file an answer. Knoke argued Happy House Movers made an appearance, indicating it could not find an attorney and requested a hearing. The motion also notified the Bicklers that Happy House Movers was contesting the motion for default judgment. Knoke filed an answer to the complaint he prepared himself. The district court ordered Knoke's answer be stricken from the record sua sponte, because Happy House Movers is a separate entity requiring it to be represented in court by a person licensed in law. The court extended Happy House Movers' deadline to properly file an answer and indicated it would review the motion for default judgment shortly thereafter. On December 15, 2016, the court entered an order for default judgment, concluding Happy House Movers failed to properly respond to the summons and complaint. Based on its review of the record and pleadings, the court awarded the Bicklers $251,711.68, and entered a judgment indicating the same. Happy House appealed the district court order denying their motion to vacate the default judgment and granting Bickler's motion to strike the supporting affidavits. Finding no reversible error, the North Dakota Supreme Court affirmed the district court's order. View "Bickler v. Happy House Movers, L.L.P." on Justia Law