CHS Inc. v. Riemers

by
Roland Riemers appealed a district court judgment awarding CHS Inc. attorney's fees and costs, and an order denying Riemers' motion to reopen the case and close judgment. Riemers also moved to vacate the district court's "Corrected Amended Judgment." In March 2016, CHS was awarded a money judgment against Riemers for $38,889. In April 2016, Riemers deposited $41,100 into a bank account, apparently to be used for garnishment by CHS. In May 2016, on the motion of CHS, the district court entered an amended judgment ("Amended Judgment") in for $41,793.72 to reflect the prejudgment interest accrued. The North Dakota Supreme Court summarily affirmed the Amended Judgment as modified, reducing the prejudgment interest amount by $70.07. CHS began collecting on the Amended Judgment by garnishing funds that Riemers held at the bank and another account held by a credit union. The Supreme Court determined the district court did not abuse its discretion by awarding CHS attorney's fees and costs on the basis of a frivolous motion, and affirmed the district court judgment. However, because the order denying Riemers' motion to reopen the case and close judgment reflected that the amount owing to CHS was $679.08, instead of the correct amount of $549.08, the Supreme Court modified the order, stating that $549.08 is the outstanding principal balance on the Amended Judgment. Because the district court lacked jurisdiction, the Supreme Court vacated the Corrected Amended Judgment. View "CHS Inc. v. Riemers" on Justia Law