Cusey v. Nagel

20040241 Keith Cusey, Petitioner and Appellee
v.
Trayce Nagel, Respondent and Appellant

Appeal from: District Court, South Central Judicial District, Emmons County
Judge Bruce B. Haskell
Nature of Action: Other (Civil)
Counsel:
Appellant: Vinje Law Firm
Term: 02/2005   Argument: 02/17/2005  1:30pm
ND cite: 2005 ND 84
NW cite: 695 N.W.2d 697

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Issue I:As a matter of law, the court abused its discretion in granting a restraining order, when it was undisputed that the petitioner committed abuse of process and continued to contact the respondent after obtaining an ex parte temporary restraining order.
Issue II:As a matter of law, there are no reasonable grounds to believe that Nagel engaged in disorderly conduct.
Issue III:The Court erred when it did not hold a full hearing, in that:
a.the court did not follow the statutory mandate of determining the validity of the claim of engaging in a constitutionally protected activity when Nagel claimed to have been engaged in a constitutionally protected activity.
b.the court did not allow for closing argument.

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Docket entries:
108/26/2004 NOTICE OF APPEAL: 08/25/2004
208/26/2004 AMENDED NOTICE OF APPEAL (also filed in trial ct. 8-25-04)
308/26/2004 ORDER FOR TRANSCRIPT: 08/25/2004
409/13/2004 RETENTION OF RECORD ON APPEAL (Cynthia Kurtz): 10/14/2004
510/05/2004 RECORD ON APPEAL & Exhibits
610/07/2004 TRANSCRIPT DATED June 30, 2004
710/07/2004 DISK - TRA of 6-30-04
811/16/2004 APPELLANT BRIEF
911/16/2004 APPELLANT APPENDIX
1011/16/2004 DISK of ATB
1111/18/2004 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
1201/27/2005 SITTING WITH THE COURT: Bohlman, Bruce E.
1302/17/2005 APPEARANCES: Chad R. McCabe, Trayce Nagel
1402/17/2005 ARGUED: McCabe (Vol. Z; Page 87)
1502/17/2005 ORAL ARGUMENT WEBCAST
1605/03/2005 DISPOSITION: REVERSED
1705/03/2005 UNANIMOUS OPINION: Maring, Mary Muehlen
1805/03/2005 Costs on Appeal taxed in favor of Appellant
1905/03/2005 Judgment Mailed to Parties
2005/25/2005 MANDATE
2105/27/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2210/31/2011 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 11/25/2014