WILBUR, Justice.
[¶ 1.] David and Connie Finneman (Finnemans) (Appeal No. 26490) and Rock Creek Farms (RCF) (Appeal No. 26486), collectively referred to as Appellants, appeal the trial court's denial of Appellants' motions pursuant to SDCL 15-6-60(b)
[¶ 2.] Finnemans owned nearly 17,000 acres of farmland in Pennington and Meade Counties. The property was the subject of many mortgages, liens, and judgments.
[¶ 3.] In an effort to save their family farm from foreclosure, Finnemans deeded the property to RCF, an entity formed by Finnemans and an outside investor. RCF, Finnemans' successor in interest, funded a series of redemptions of the property. Michael and Ann Arnoldy (Arnoldys), brother and sister, purchased existing judgments on the property.
[¶ 4.] In July 2009, Rabo Agrifinance, Inc. and Rabo AgServices, Inc. (Rabo) initiated foreclosure proceedings (Rabo foreclosure) against Finnemans, RCF, and all parties who had or may have had an ownership or leasehold interest in the land. In the foreclosure pleadings, Rabo asserted: "The terms of the Loan Restructure Agreement further provide that David M. Finneman and Connie S. Finneman agree to waive all redemption rights to Rabo under any successful foreclosure by Rabo on any of the properties covered by the original mortgage and note, and any additions or amendments thereto." Further, Rabo sought the court to "enter an order waiving all redemption rights held by Defendants David M. Finneman and Connie S. Finneman and Rock Creek Farms, successors in interest to David M. Finneman and Connie S. Finneman pursuant to the terms of the loan restructure agreement[.]"
[¶ 5.] In late 2009, Rabo moved for judgment on the pleadings. On January 15, 2010, Judge John J. Delaney granted the motion and entered a judgment and decree of foreclosure in the Rabo foreclosure proceedings. Contrary to the foreclosure pleadings, the judgment and decree of foreclosure stated in pertinent part: "In particular, and notwithstanding any contrary or other provisions of the Mortgage or any related agreements, Defendant Rock Creek Farms is determined and adjudged to have the owner's right of redemption for a period of one year and other redemption rights under SDCL Chapter 21-52." Further, the order stated: "Plaintiff's Motion for Judgment on the Pleadings shall be and hereby is in all respects granted." Arnoldys did not appeal from the Rabo foreclosure judgment or file a post-judgment motion disputing the provisions of the judgment at that time.
[¶ 7.] On May 12, 2011, Arnoldys sought to have the judgment and decree of foreclosure set aside by filing a motion for relief pursuant to SDCL 15-6-60(b). Judge Delaney entered an order on May 26, 2011, which granted Arnoldys' motion and vacated the portion of the judgment on the pleadings and decree of foreclosure that recognized RCF's final redemption rights. RCF filed motions to reconsider, for a new trial, for relief from judgment, and for a stay, or alternatively, for a temporary restraining order. Judge Delaney denied these motions on July 12, 2011. RCF and Finnemans each then appealed Judge Delaney's May 26, 2011 ruling to this Court.
[¶ 8.] On May 10, 2012, RCF sought relief from Judge Delaney's May 26, 2011 order at the trial court level pursuant to SDCL 15-6-60(b). Finnemans joined RCF in its motion to set aside the judgment. On May 29, 2012, Finnemans filed their own motion pursuant to SDCL 15-6-60(b), and additionally, asked the trial court to void the sheriff's deed that had been issued to Ann Arnoldy, as a result of the May 26, 2011 order. There are no affidavits in support of these motions in the record.
[¶ 9.] A motions hearing was held before Judge Craig A. Pfeifle
Judge Pfeifle entered an order on August 10, 2012, to this effect.
[¶ 10.] The issues in this appeal are:
[¶ 11.] The parties disagree as to the applicable standard of review for this appeal. Arnoldys assert that the appropriate standard of review is abuse of discretion. Corcoran v. McCarthy, 2010 S.D. 7, ¶ 13, 778 N.W.2d 141, 146 (stating that "[t]he decision to grant or deny a Rule 60(b) motion rests within the sound discretion of the [trial] court and will not be disturbed on appeal except for an abuse of discretion"). Conversely, RCF argues that Judge Pfeifle determined that he lacked authority to consider a Rule 60(b) motion. Thus, RCF contends that de novo review is appropriate where a Rule 60(b) motion is denied because of a court's perceived lack of authority to consider the motion. Lowry v. McDonnell Douglas Corp., 211 F.3d 457, 460 (8th Cir.2000) (quoting Spinar v. S.D. Bd. of Regents, 796 F.2d 1060, 1062 (8th Cir.1986)) (stating that "`we review the district court's power to entertain a motion for relief in the first instance de novo").
[¶ 12.] While we ordinarily review a trial court's decision to grant or deny a Rule 60(b) motion under an abuse of discretion, Judge Pfeifle decided the Rule 60(b) motions as a matter of law based on undisputed facts. Indeed, Appellants' Rule 60(b) motions were not accompanied by any affidavits in support of the motions. Judge Pfeifle recognized that the parties had each made "arguments as it relate[d] to factual grounds or reasons to suggest that the application of Rule 60(b) [was] appropriate[.]" Judge Pfeifle, however, determined that "in this particular case[,] the application for Rule 60(b) relief [was] an effort to change the result which was otherwise unsuccessful at the South Dakota Supreme Court" and that a Rule 60(b) motion was not appropriate for this purpose. On this basis, Judge Pfeifle denied relief as a matter of law. Thus, we will review his determination under the de novo standard of review. See Rindal v. Sohler, 2003 S.D. 24, ¶ 6, 658 N.W.2d 769, 771 (stating "[q]uestions of law are reviewed de novo").
[¶ 13.] In their briefs to this Court regarding the propriety of Judge Pfeifle's Rule 60(b) determination, Appellants focus on the merits of Judge Delaney's May 26, 2011 order. In its initial brief to this Court, RCF states the underlying purpose of its Rule 60(b) motion: "RCF seeks nothing more than ... the opportunity to be heard in explaining why Judge Delaney never should have considered the Arnoldys' motion for 60(b) relief and why the decision he issued was a gross miscarriage of justice." Likewise, Finnemans' initial brief to this Court states: "This appeal concerns the action of the trial court stripping from the Finnemans ... their owners'
(Emphasis added.)
[¶ 14.] A "Rule 60(b) [motion]... `is not a substitute for an appeal. It does not allow relitigation of issues that have been resolved by the judgment. Instead it refers to some change in conditions that makes continued enforcement inequitable.'" Lowe v. Schwartz, 2006 S.D. 48, ¶ 10, 716 N.W.2d 777, 779 (quoting Sjomeling v. Stuber, 2000 S.D. 103, ¶ 14, 615 N.W.2d 613, 616). Accordingly, "an appeal from a Rule 60(b) decision does not bring the original judgment up for review, but only the decision on the request for relief from the judgment under Rule 60(b)." Id. (quoting Chester v. St. Louis Hous. Auth., 820 F.2d 259, 260 (8th Cir. 1987)).
[¶ 15.] It is apparent that the purpose of Appellants' Rule 60(b) motions was to raise arguments pertaining to the original judgment, Judge Delaney's May 26, 2011 order. However, we may only review Judge Pfeifle's decision and not Judge Delaney's May 26, 2011 order. Thus, the only question before this Court is whether Judge Pfeifle erred as a matter of law when he determined that Appellants' Rule 60(b) motions were not appropriate and denied relief. We cannot pass judgment on Appellants' arguments related to the underlying May 26, 2011 order.
[¶ 17.] In Rabo I, Appellants made several arguments in opposition to the motion to dismiss. 2012 S.D. 20, ¶¶ 10-18, 813 N.W.2d at 126-30. First, Appellants argued that statutory and case law authority made clear that only timely filing of a notice of appeal was jurisdictional and could not be suspended or waived. Id. ¶¶ 10-11, 813 N.W.2d at 126-27. Second, Appellants asserted "that the United States was not a party entitled to service of the notice of appeal because it lost its party status by failing to act on its redemption rights and by allowing those rights to lapse." Id. ¶ 12, 813 N.W.2d at 127.
[¶ 18.] Similarly, in support of their Rule 60(b) motions to Judge Pfeifle, Appellants argued that they should not suffer the consequences — the dismissal of the appeal in Rabo I — because of their counsel's failure to recognize the United States' status as a party and their counsel's failure to timely serve the United States with a notice of appeal. Appellants maintained that this mistake was excusable under either SDCL 15-6-60(b)(1) or (6).
[¶ 19.] In Rabo I, we determined that the failure to timely serve the United States with a notice of appeal was jurisdictionally fatal to the appeal. Id. ¶ 9, 813 N.W.2d at 126. In support of this conclusion, we outlined a body of South Dakota case law holding that the failure to timely file and serve a notice of appeal is jurisdictionally fatal to an appeal. See id. ¶ 11, 813 N.W.2d at 127 (citing case law that recognizes the requirements of timely filing and service of a notice of appeal and the lack of such filing and service is fatal to an appeal). We also held that "the United States was named as a party defendant, served as a party defendant, answered as a party defendant, and appeared and participated in the case below. Clearly
[¶ 20.] Essentially, Appellants requested that Judge Pfeifle relieve them from this Court's dismissal of the appeal in Rabo I by means of a rule of trial court procedure, a Rule 60(b) motion. However, this Court has already held in Rabo I that Appellants' failure to timely serve the United States, a party defendant, was jurisdictionally fatal to their appeal. Id. ¶¶ 9, 14, 813 N.W.2d at 126, 128. Thus, for Judge Pfeifle to rule on whether Appellants' counsel's failure to serve the United States warranted relief under a Rule 60(b) motion, he would have had to reconsider this Court's decision in Rabo I on the necessity of service of a notice of appeal and the United States' status as a party defendant. Judge Pfeifle correctly concluded that a Rule 60(b) motion was not appropriate for this purpose. Further, to allow relief to Appellants under Rule 60(b) after their failure to timely serve a notice of appeal on the United States would eviscerate the effect of our decision in Rabo I and the body of previous case law that requires timely service of the notice of appeal on party defendants.
[¶ 21.] Further, we disagree with Appellants' contention that they are entitled to relief under either SDCL 15-6-60(b)(1) or (6). Appellants argue that their counsel's failure to timely serve the United States, a party defendant, was excusable neglect pursuant to SDCL 15-6-60(b)(1) and urge this Court to liberally interpret the term "excusable neglect."
[¶ 22.] SDCL 15-6-60(b)(1) provides that "the court may relieve a party or his legal representative from a final judgment, order, or proceeding for... [m]istake, inadvertence, surprise, or excusable neglect[.]" "Excusable neglect must be neglect of a nature that would cause a reasonable, prudent person to act similarly under similar circumstances." Geier v. Geier, 2013 S.D. 24, ¶ 19, 828 N.W.2d 804, 810 (quoting Clarke v. Clarke, 423 N.W.2d 818, 821 (S.D.1988)). Additionally, while "[e]xcusable neglect has no fixed meaning[,]" id., a liberal interpretation of the term "excusable neglect" in default judgment cases is an exception to the general application of the term in any other type of judgment. See Kuehn v. First Nat'l Bank in Sioux Falls, 90 S.D. 96, 103, 238 N.W.2d 490, 494 (1976) (quoting Davis v. Interstate Motor Carriers Agency, 85 S.D. 101, 108, 178 N.W.2d 204, 208 (1970) (stating "RCP 6[0](b) gives trial courts a wide discretion to relieve of default which should be exercised by them in the same liberal spirit in which the section (now Rule) was designed, in furtherance of justice and in order that cases may be tried and disposed of upon their merits") (additional quotation marks omitted)); Gregory L. Sattizahn, Excuses, Excuses, Excuses. Smith v. Hermsen: Relieving a Party from a Default Judgment on the Grounds of Excusable Neglect, 44 S.D. L.Rev. 171, 179 (1999) (stating that "liberal relief from a default judgment is the exception to a strict application of excusable neglect; relief from any other type of judgment will be viewed less sympathetically by the court") (emphasis added). See also 11 Charles A. Wright, et al., Federal Practice & Procedure § 2857 (3d ed.2013) (stating that "[t]he cases calling for great liberality in granting Rule 60(b) motions, for the most part, have involved default judgments"). The present case, however, does not involve a default judgment requiring us to liberally construe the phrase "excusable neglect" under SDCL 15-6-60(b)(1).
[¶ 23.] The law outlining the necessity of timely service of a notice of appeal on a party defendant was clear prior to Rabo I.
[¶ 24.] In addition, Appellants would not be entitled to relief under the "catchall provision" of SDCL 15-6-60(b)(6). Appellants argue that their counsel's failure to apprehend the United States' status as a party and to timely serve it with a notice of appeal was unfairly imputed to them resulting in the dismissal of their appeal.
[¶ 25.] "SDCL 15-6-60(b)(6) allows a court to relieve a party from a final order for any other reason justifying relief from the operation of the judgment." Estate of Nelson, 1996 S.D. 27, ¶ 16, 544 N.W.2d 882, 886. "The Rule does not particularize the factors that justify relief but ... it provides courts with authority `adequate to enable them to vacate judgments whenever such action is appropriate to accomplish justice,' while also cautioning that it should only be applied in `extraordinary circumstances[.]'" Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847, 863-64, 108 S.Ct. 2194, 2204, 100 L.Ed.2d 855 (1988) (additional citations omitted). Additionally, SDCL 15-6-60(b)(6) "is not to be resorted to when one of the other specific sections of the statute applies." Estate of Nelson, 1996 S.D. 27, ¶ 16, 544 N.W.2d at 886; Liljeberg, 486 U.S. at 863, 108 S.Ct. at 2204 (stating that "Rule 60(b)(6) ... grants ... broad authority to relieve a party from a final judgment `upon such terms as are just,' provided that the motion is made within a reasonable time and is not premised on one of the grounds for relief enumerated in clauses (b)(1) through (b)(5)").
[¶ 26.] Appellants argue that both subsections one and six of SDCL 15-6-60(b) are applicable to grant them relief from the judgment. Yet, the record from the motion hearing before Judge Pfeifle demonstrates that Appellants made the same argument regarding the same error under both subsections. See supra ¶ 13. In short, Appellants have provided this Court no "other reason" under SDCL 15-6-60(b)(6) other than their counsel's neglect, mistake, or "technical error" in failing to apprehend the United States' status as a party and to timely serve it with a notice of appeal — the same reason they asserted under SDCL 15-6-60(b)(1).
[¶ 27.] Furthermore, based on the undisputed facts and a review of the record, this is not a case involving exceptional circumstances warranting relief under SDCL 15-6-60(b)(6). Appellants cite to
[¶ 28.] Gold Pan reveals an attorney's significant errors and deception in an estate sale confirmation proceeding and in his advice to the executrix and legatees, which caused them to forego other greater sale price opportunities. The exceptional circumstances in Gold Pan warranting relief under SDCL 15-6-60(b)(6) do not equate with the circumstances of the present appeal. As noted above, case law was clear that the timely service of the notice of appeal on the United States, as a party defendant, was required. Thus, counsel's failure to serve the United States, a party defendant, with a notice of appeal is not an exceptional circumstance warranting relief under SDCL 15-6-60(b)(6).
[¶ 29.] Accordingly, Judge Pfeifle correctly determined that a Rule 60(b) motion was not appropriate and denied relief in this case. We affirm.
[¶ 30.] GILBERTSON, Chief Justice, and KONENKAMP, ZINTER and SEVERSON, Justices, concur.
During March 2011 and following this Court's decision in Arnoldy I, RCF moved for summary judgment in the declaratory judgment action on the basis of the res judicata effect of the Rabo foreclosure judgment and decree of foreclosure entered in January 2010 by Judge Delaney. RCF contended that the Rabo foreclosure judgment and decree of foreclosure declared RCF's owner's final right of redemption valid. In April 2011, Judge James W. Anderson, who was assigned to Arnoldy I, granted RCF's motion for summary judgment concluding that Arnoldys were barred by the principles of res judicata from disputing the validity of RCF's owner's final redemption rights. Judge Anderson's grant of summary judgment in favor of RCF is the subject of another appeal to this Court. See Arnoldy v. Finneman (Appeal No. 26031).