Belgarde v. Askim

20010179 Ricky Belgarde, Sr., Cora
Belgarde, individually and on
behalf of their minor children,
Kenneth Carl Belgarde, Patrice
Belgarde, and Ricky Belgarde, Jr., Plaintiffs and Appellants
v.
Floyd Askim, Defendant and Appellee
and
the Minot Housing Authority, Defendant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Gary A. Holum
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: Ackre Law Firm
Appellee: Farhart Wolff, P.C.
Appellant: Larry Michel Baer
Term: 10/2001   Argument: 10/18/2001  10:15am
ND cite: 2001 ND 206
NW cite: 636 N.W.2d 916

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Did the District Court abuse its discretion in the exercise of its inherent power to sanction parties to a civil action for spoliation of evidence? Considerations to be considered in evaluating the imposition of the harsh sanction of dismissal include:br> - Culpability or State of Mind of the party against whom sanctions are being imposed;
- A finding of prejudice against the moving party, and the degree of this prejudice, including the impact it has on presenting or defending the case;
- The availability of less severe alternative sanctions.

Appellee's Statement of the Issues:
Whether the District Court abused its discretion when it dismissed the Belgardes' complaint as a sanction for disposing of the stove.

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Docket entries:
107/16/2001 NOTICE OF APPEAL: 07/13/2001
208/17/2001 RECORD ON APPEAL
308/17/2001 APPELLANT BRIEF
408/17/2001 APPELLANT APPENDIX
508/20/2001 DISK - ATB
609/14/2001 APPELLEE BRIEF
709/24/2001 No Reply Brief will be filed per ltr from Robert G. Ackre dtd. 9-21-01
809/24/2001 Corrected TOA, page 11 & corrected Disk for AEB
909/24/2001 DISK - AEB
1010/18/2001 APPEARANCES: Larry M. Baer and Robert G. Ackre; Moody M. Farhart
1110/18/2001 ARGUED: Baer; Farhart (Vol. X; Page 166)
1212/20/2001 DISPOSITION: REVERSED AND REMANDED
1312/20/2001 UNANIMOUS OPINION: Kapsner, Carol Ronning
1412/20/2001 Costs on appeal taxed in favor of the appellants
1512/21/2001 Order/Judgment Mailed to Parties
1601/14/2002 MANDATE
1701/17/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
1809/14/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/01/2014