This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2004).
IN COURT OF APPEALS
Ford Motor Credit Company,
Nancy Lazaryan, f/k/a Nancy Johnson,
Filed March 21, 2006
Toussaint, Chief Judge
Stearns County District Court
File No. C6-04-4474
Brian A. Chou, Derrick N. Weber, Messerli and Kramer, P.A., 3033 Campus Drive, Suite 250, Plymouth, MN 55441 (for respondent)
Considered and decided by Toussaint, Chief Judge; Klaphake, Judge; and Minge, Judge.
U N P U B L I S H E D O P I N I O N
TOUSSAINT, Chief Judge
Appellant Nancy Lazaryan, f/k/a Nancy Johnson, challenges the district court order denying her motion to vacate a default judgment. Because appellant cannot show that she had any defense on the merits, we affirm.
D E C I S I O N
Appellant and her then-husband purchased a vehicle but failed to make any of the monthly payments due. Respondent Ford Motor Credit Company sued, serving a summons and complaint. Although appellant acknowledged service and was in telephone contact with respondent’s attorney, she did not answer the complaint. The district court entered a default judgment, and respondent commenced collection proceedings. Appellant raised several challenges, including seeking to vacate the default judgment based on fraud. The district court denied the motion to vacate, finding no fraud and ruling that appellant failed to show she could prevail on the merits.
“To prevail [in a 60.02 motion based on
fraud], the moving party must establish by clear and convincing evidence that
the adverse party engaged in fraud or other misconduct which prevented it from
fully and fairly presenting its case.” Regents of
Under the contract, appellant was obligated to make payments, she failed to make any payments, and there is no evidence that respondent waived any of these payments. Further, appellant admits she executed the contract in question and that she defaulted under the contract. Regardless of any other arguments that appellant might make, she cannot prevail because she cannot show that she could present any defense on the merits.
Appellant also asserted that she should have had the right to produce evidence to establish fraud and that the district court failed to make any findings. In fact, both parties produced affidavits, and the district court, after an extensive review of the record, made a finding that there was no fraud. This finding is supported by the record and is not an abuse of discretion.
raises several issues not decided by the district court. This court generally may not address such issues. Thiele
v. Stich, 425 N.W.2d 580, 582-83 (