Citibank (South Dakota), N.A. v. Peterson
Defendant-Appellant Randall Peterson appealed the district court order that denied his motion for reconsideration of a judgment entered against him for credit card debt owed to Plaintiff-Appellee Citibank (South Dakota), N.A. (Citibank). Citibank sued Defendant alleging he failed to pay his bill. Defendant filed what he called a âspecial appearanceâ only to ask that the complaint be dismissed. The district court denied Defendantâs motion to dismiss. Subsequently Defendant filed a letter he had sent to the lawyer disciplinary board to the district court. The district court eventually entered a default judgment in favor of Citibank, and ordered Defendant to pay his bill. On appeal, Defendant argued that the two documents (the âspecial appearanceâ and the letter to the disciplinary board) were âbrush offsâ by the court, and constituted an abuse of discretion by the court in entering the default against him. The Supreme Court noted many of the technical problems with Defendantâs submissions to the lower court. Even in his application for appeal, Defendant addressed no errors at the lower court, and raised no real issues for the Courtâs review. Subsequently, the Supreme Court affirmed the decision of the lower court.