Amyotte v. Rolette Co. Housing Authority
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| 20020191 |
Shaylee Amyotte, a minor child,
by and through her parent,
Bernice Amyotte, Plaintiff and Appellee
v.
Rolette County Housing Authority, Defendant and Appellant
and
Timothy Shirk, Individually and
as Apartment Complex Manager
for Rolette County Housing Authority, Defendant
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| Appeal from: |
District Court,
Northeast Judicial District,
Rolette County
Judge Lester Ketterling |
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Nature of Action: |
Torts (Negligence, Liab., Nuis.)
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| Counsel: |
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| Term: |
12/2002 Argument: 12/13/2002 01:30pm
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| ND cite: |
2003 ND 48
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| NW cite: |
658 N.W.2d 324
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Did the Trial Court Err when it Denied Defendant's Motions for Judgment as a Matter of Law and when it Refused to Instruct the Jury on Issues of Liability with Respect to Injuries Caused by Animals?
II. Did the Trial Court Err When it Denied Defendant's Rule 50 Motions on the Basis of Insufficiency of the Evidence as to Claims of Ordinary Negligence?
Reply Brief Issues
I. Can the Appellees, by motion, request the Supreme Court to consider questions that were not presented to the trial court and that are raised for the first time on appeal?
Appellee's Statement of the Issues:
I. Whether the trial court erred in instructing the jury on ordinary negligence.
II. Whether the evidence of the housing authority's negligence supports the jury's verdict.
III. Whether an award of attorney fees on appeal to shaylee is appropriate.
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| 1 | | 07/22/2002 | |
NOTICE OF APPEAL: 07/19/2002 |
| 2 | | 07/22/2002 | |
ORDER FOR TRANSCRIPT: 07/19/2002 |
| 3 | | 08/15/2002 | |
RECORD ON APPEAL & EXHIBITS |
| 4 | | 08/28/2002 | |
TRANSCRIPTS COMMENCING JANUARY 22, 2002 (3 Vol.), AND APRIL 15, 2002 |
| 5 | | 09/05/2002 | |
DISK - TRAs of Jan 22, 2002 (3 Vol) and Apr 15, 2002 |
| 6 | | 10/07/2002 | |
APPELLANT BRIEF |
| 7 | | 10/07/2002 | |
APPELLANT APPENDIX |
| 8 | | 10/10/2002 | |
Corrected TOA and page 9 for ATB |
| 9 | | 10/10/2002 | |
DISK - ATB |
| 10 | | 11/07/2002 | |
APPELLEE BRIEF |
| 11 | | 11/07/2008 | |
Addendum for AEB |
| 12 | | 11/08/2002 | |
DISK - AEB |
| 13 | | 11/08/2002 | |
MOTION AND AFFIDAVIT FOR ATTORNEY'S FEES AND COSTS ON APPEAL |
| 14 | | 11/15/2002 | |
Reply in Response to Motion for Attorney's Fees (MUST use after RSPDUE) |
| 15 | | 11/18/2002 | |
DISK - RYB |
| 16 | | 12/13/2002 | |
APPEARANCES: Richard H. McGee II; Debra L. Hoffarth |
| 17 | | 12/13/2002 | |
ARGUED: McGee; Hoffarth (Vol. Y; Page 68) |
| 18 | | 12/13/2002 | |
ORAL ARGUMENT WEBCAST |
| 19 | | 03/26/2003 | |
ACTION BY SUPREME COURT (Mot/Atty/Fees)(per opinion, Appellee is not entitled to Atty. Fees). Denied |
| 20 | | 03/26/2003 | |
DISPOSITION: REVERSED AND REMANDED |
| 21 | | 03/26/2003 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 22 | | 03/26/2003 | |
Costs on appeal taxed in favor of Appellant. |
| 23 | | 03/27/2003 | |
Judgment Mailed to Parties |
| 24 | | 04/17/2003 | |
MANDATE |
| 25 | | 04/24/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 26 | | 08/07/2008 | |
EXPUNGED - Nonpermanent record items destroyed |