Rath v. Rath, 20140291.
| Decision Date | 12 February 2015 |
| Docket Number | No. 20140291.,20140291. |
| Citation | 861 N.W.2d 172 (Table) |
| Parties | Kayla RATH, Plaintiff v. Mark RATH, Defendant and Appellant. |
| Court | North Dakota Supreme Court |
Mark Rath, self represented, Bismarck, ND, defendant and appellant; on brief.
Kayla Rath, plaintiff; no appearance.
[¶ 1] Mark Rath appeals from a district court order denying his Rule 60(b), N.D.R.Civ.P., motion to vacate the judgment and grant relief from all judicial rulings in his divorce.
[¶ 2] Mark Rath and Kayla Rath were divorced in January 2013. Mark Rath appealed the district court divorce judgment. The appeal was voluntarily dismissed. He also appealed two contempt orders. See Rath v. Rath, 2013 ND 243, 840 N.W.2d 656 ; Rath v. Rath, 2014 ND 171, 852 N.W.2d 377. On April 22, 2014, Mark Rath made a motion under N.D.R.Civ.P. 60(b) to vacate the divorce judgment and all orders in his case, arguing the district court failed to adhere to the rules, statutes and judicial obligations of the North Dakota and federal constitutions. The district court denied the motion, finding that Mark Rath had no standing to assert his parents' constitutional rights and that the motion was barred by res judicata. Mark Rath appeals, arguing the judgment and orders are void because they violate his due process and First Amendment rights.
[¶ 3] We summarily affirm under N.D.R.App.P. 35.1(a)(1) and (7). Matter of Estate of Schmidt, 1997 ND 244, ¶ 10, 572 N.W.2d 430 (); Wetch v. Wetch, 539 N.W.2d 309, 311 (N.D.1995) (); Rath, 2013 ND 243, 840 N.W.2d 656 ; Rath, 2014 ND 171, 852 N.W.2d 377.
[¶ 4] GERALD W. VANDE WALLE, C.J., DANIEL J. CROTHERS, LISA FAIR McEVERS, CAROL RONNING KAPSNER, and DALE V. SANDSTROM, JJ., concur.
To continue reading
Request your trial
-
Rath v. Rath
...Rath , 2016 ND 105, 879 N.W.2d 735 ; Rath v. Rath , 2016 ND 83, 878 N.W.2d 85 ; Rath v. Rath , 2016 ND 46, 876 N.W.2d 474 ; Rath v. Rath , 2015 ND 22, 861 N.W.2d 172 ; Rath v. Rath , 2014 ND 171, 852 N.W.2d 377 ; Rath v. Rath , 2013 ND 243, 840 N.W.2d 656. In September 2016, the district co......
-
Rath v. Rath
...filed numerous post-judgment motions in the district court, some of which have been previously addressed by this Court. See Rath v. Rath, 2015 ND 22, 861 N.W.2d 172 ; Rath v. Rath, 2014 ND 171, 852 N.W.2d 377 ; Rath v. Rath, 2013 ND 243, 840 N.W.2d 656.[¶ 3] Mark Rath has continued making n......
-
Rath v. Rath
...Rath , 2016 ND 105, 879 N.W.2d 735 ; Rath v. Rath , 2016 ND 83, 878 N.W.2d 85 ; Rath v. Rath , 2016 ND 46, 876 N.W.2d 474 ; Rath v. Rath , 2015 ND 22, 861 N.W.2d 172 ; Rath v. Rath , 2014 ND 171, 852 N.W.2d 377 ; Rath v. Rath , 2013 ND 243, 840 N.W.2d 656.[¶ 3] In October 2016, Mark Rath mo......
-
Rath v. Rath
...876 N.W.2d 474 (affirming orders denying motion for order to show cause, motion to modify judgment, and motion for recusal); Rath v. Rath, 2015 ND 22, 861 N.W.2d 172 (summarily affirming district court's denial of Mark Rath's motion to vacate the judgment and grant relief); Rath v. Rath, 20......