F/S Manufacturing v. Kensmoe

Plaintiff-Appellant Lesa Kensmoe appealed a district court order granting F/S Manufacturing a renewal by affidavit of its 1998 judgment against her. In 1998, F/S Manufacturing obtained a default judgment in the amount of $450,894.78 against Appellant. In 2008, F/S Manufacturing's judgment against Plaintiff was cancelled of record. On March 8, 2010, almost two years after the 1998 judgment was cancelled, F/S Manufacturing filed an affidavit attempting to renew the judgment. After being informed the judgment could not be renewed because it had expired, F/S Manufacturing filed a motion requesting that the district court order the clerk of court to renew the judgment by affidavit. Upon review of the applicable legal authority, the Supreme Court reversed the district court's order, finding that North Dakota law did not permit a cancelled judgment's renewal after the prescribed statute of limitations.