McEvers, Justice.
[¶ 1] Happy House Movers, L.L.P., appeals from a district court order denying their motion to vacate the default judgment and granting Bickler's motion to strike the supporting affidavits. We affirm the district court's order.
[¶ 2] In April 2016, 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.
[¶ 3] 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, citing N.D.C.C. § 27-11-01, and Knoke was not licensed to practice law. The court extended Happy House Movers' deadline to properly file an answer to October 13, 2016, and indicated it would review the motion for default judgment shortly thereafter.
[¶ 4] The Bicklers served notice of entry of judgment on Happy House Movers in April 2017. On November 14, 2017, Happy House Movers filed a motion to vacate judgment and allow imposition of the answer, an answer to Bicklers' complaint, a brief in support of the motion to vacate, and two affidavits in support of the motion to vacate the judgment. The Bicklers responded on December 1, 2017, requesting the district court deny Happy House Movers' motion and award attorney's fees and costs for defending against the "frivolous motion." The Bicklers also moved the court to strike the affidavits in support of the motion to vacate the judgment arguing non-compliance with form of pleadings, improper identification of affiant, non-conforming acknowledgment, erroneous and prohibited content, and false content. On December 20, 2017, the court granted Bicklers' motion to strike the affidavits.
[¶ 5] On December 28, 2017, Happy House Movers indicated by letter they did not receive service of Bicklers' response to the motion and motion to strike. The parties stipulated to vacating the order granting the motion to strike, allowing Happy House Movers to reply to Bicklers' response to the motion to vacate and answer Bicklers' motion to strike the affidavits, and affording the Bicklers time to reply. The court vacated the order granting the motion to strike based on the stipulation.
[¶ 6] Happy House Movers responded to the motion to strike the affidavits by filing two supplemental affidavits "to avoid any disagreement as to technical matters." No legal argument was made that the first two affidavits should not be stricken. The Bicklers filed their reply to Happy House Movers' response to the motion to strike. Happy House Movers filed a response to Bicklers' reply. The district court granted Bicklers' motion to strike the affidavits and denied Happy House Movers' motion to vacate. The court concluded the first two affidavits filed were deficient and did not consider those affidavits in ruling on the motion to vacate. The court further concluded Happy House Movers' motion did not fit within the grounds set out in N.D.R.Civ.P. 60(b).
[¶ 7] Happy House Movers moved for a stay of execution pending appeal, and filed a notice of appeal. The district court denied the motion to stay.
[¶ 8] Happy House Movers appeals from the district court's order dated February 26, 2018, granting Bicklers' motion to strike and denying the motion to vacate. It did not appeal from the December 20, 2016, judgment by default. "An appeal from a [district] court's refusal to vacate an order under Rule 60(b), N.D.R.Civ.P., does not permit the appellant to attack the underlying order from which an appeal could have been, but was not, brought." Kautzman v. Doll, 2018 ND 23, ¶ 5, 905 N.W.2d 744 (quoting Anderson v. Baker, 2015 ND 269, ¶ 8, 871 N.W.2d 830). This Court will only consider whether the court abused its discretion in granting Bicklers' motion to strike and denying Happy House Movers' motion to vacate.
[¶ 9] The Bicklers filed a motion to strike two affidavits filed with Happy House Movers' motion to vacate the default judgment, claiming the affidavits were improper in form and substance. The
[¶ 10] On appeal, Happy House Movers argue the district court erred in striking one of the affidavits, on the basis that the affidavit contained an attorney's signature, and was therefore proper under N.D.R.Civ.P. 11(a) and (b).
[¶ 11] Happy House Movers did not argue N.D.R.Civ.P. 11 to the district court; rather, additional affidavits were filed after the parties' stipulated to vacate the first order granting the motion to strike the affidavits. Happy House Movers new affidavit stated "the first two affidavits having been redone as affidavit 3 and 4 so that it meets the objections that Steven and Linda Bickler had as to form." The filed affidavits marked as three and four were not challenged by the Bicklers and were not stricken by the court. This Court does not consider questions that were not presented to the district court and are raised for the first time on appeal. Hoff v. Gututala-Hoff, 2018 ND 115, ¶ 7, 910 N.W.2d 896. Therefore, this issue is waived.
[¶ 12] Happy House Movers argue the district court erred in denying the N.D.R.Civ.P. 60(b) motion to vacate the default judgment.
Key Energy Servs., LLC v. Ewing Constr. Co., Inc., 2018 ND 121, ¶ 13, 911 N.W.2d 319 (citations omitted).
[¶ 13] On appeal, Happy House Movers argue the motion to vacate should have been granted and cites to N.D.R.Civ.P. 60(b)(1) and (6) as grounds for relief.
[¶ 14] The only discernable argument Happy House Movers makes in regard to N.D.R.Civ.P. 60(b)(1) is that its insurance company, Travelers Insurance and McQuire Agency, had a duty to defend
[¶ 15] The district court stated:
[¶ 16] This Court has held neglect or errors of an insurance company with a duty to defend may merit vacation of a default judgment under Rule 60(b). King v. Montz, 219 N.W.2d 836, 840-41 (N.D. 1974). This case is distinguishable from King. In King, the defendants argued surprise under N.D.R.Civ.P. 60(b) that no defense had been made on their behalf by their insurance company. Id. at 840. Affidavits from the defendant and the local insurance agent showed that the defendant delivered the summons and complaint to their local insurance agent on the same day they received the documents and were told the matter would be taken care of. Id. This Court concluded the defendants should not suffer because of the neglect or errors of their insurance company. Id.
[¶ 17] Here, Happy House Movers did not provide evidence showing the insurance company had a duty to defend them. Alan Suchan, Arlinda Suchan, and Michael Knoke stated by affidavit they had notified the insurance agency and understood the insurance company would handle the defense. Unlike the facts in King, no affidavit was provided from the insurance company acknowledging a duty to defend. Happy House Movers knew more than a year before entry of the default judgment that the insurance company only intended to pay the limits of the policy. The district court did not abuse its discretion in concluding
[¶ 18] In regard to N.D.R.Civ.P. 60(b)(6), Happy House Movers argue (1) an alternative source of damages should have been attributed to a prior mover involved before Happy House Movers started the project, and (2) the amount awarded is too high compared to the valuation of the property.
Kautzman, 2018 ND 23, ¶ 14, 905 N.W.2d 744. Here, Happy House Movers failed to provide any authority indicating they are entitled to relief because there was an alternative source of damages involved. The burden is on Happy House Movers to establish grounds for relief from the default judgment.
[¶ 19] Regarding the argument that the amount of the award is grounds to vacate the judgment, this Court has previously said "[a]lthough `under some circumstances the amount of money at stake might be a legitimate factor for a court to consider on a motion to vacate a default judgment, ... this factor is not enough... in the absence of a good excuse for the default.'" Key Energy Servs., 2018 ND 121, ¶ 14, 911 N.W.2d 319 (quoting C.K.S. Eng'rs, Inc. v. White Mountain Gypsum Co., 726 F.2d 1202, 1208 (7th Cir. 1984)). Happy House Movers failed to show any extraordinary circumstances which would justify relief under N.D.R.Civ.P. 60(b)(6). Therefore, the district court did not abuse its discretion in denying Happy House Movers' motion to vacate the default judgment.
[¶ 20] We affirm the district court order denying the motion to vacate and granting the motion to strike.
[¶ 21] Lisa Fair McEvers.
Daniel J. Crothers.
Jerod E. Tufte.
Jon J. Jensen.
Gerald W. VandeWalle, C.J.