Sanderson v. Walsh Co.
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| 20050303 |
Mitchell S. Sanderson, Plaintiff and Appellant
----------
Jonah M. Sanderson and
Madelyn R. Sanderson, Plaintiffs
v.
Walsh County, Bob Thomas,
Sharon Martens, and M. Richard
Geiger, Defendants and Appellees
|
| Appeal from: |
District Court,
Northeast Judicial District,
Walsh County
Judge Donald L. Jorgensen |
|
Nature of Action: |
Torts (Negligence, Liab., Nuis.)
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| Counsel: |
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| Term: |
01/2006 Argument: 01/09/2006 04:00pm
|
| ND cite: |
2006 ND 83
|
| NW cite: |
712 N.W.2d 842
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| Issues: |
Appellant's Statement of the Issues:
I.Is this matter appealable when the dismissals were without prejudice?
II.Did the Court err in dismissing the complaint against Judge Geiger due to insufficient service of process?
III.Did the Court err in dismissing the complaint against Walsh County and its employees because Sanderson failed to serve any member of the Walsh County Board of County Commissioners?
Appellee's Statement of the Issues:
I. The district court's order of dismissal without prejudice is not appealable.
II.The district court properly dismissed the Complaint against Judge Geiger for insufficient service of process.
A. The Complaint is against the State.
B. Insufficient service of process requires dismissal without prejudice.
C. Service was not effectuated upon the State.
Appellee's Statement of the Issues:
I. District Court's order of dismissal without prejudice
is not appealable.
II. District Court properly dismissed Complaint against
Walsh County, Bob Thomas and Sharon Martens
for lack of personal jurisdiction.
A. Cause of Action against Walsh County.
B. Insufficient service of process results in lack of personal
jurisdiction by the District Court.
C. Service of Process was not properly made upon
Walsh County.
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 Add Docket 20050303 RSS
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| 1 | | 09/06/2005 | |
NOTICE OF APPEAL: 09/01/2005 |
| 2 | | 09/06/2005 | |
MOTION for waiver of oral argument on behalf of Appellant |
| 3 | | 09/12/2005 | |
Letter from Ronald Fischer dated 9-9-05 RE: Daniel L. Guastad will be handling the appeal |
| 4 | | 09/27/2005 | |
RECORD ON APPEAL |
| 5 | | 10/04/2005 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 6 | | 10/10/2005 | |
MOT. EXT/TIME APPELLANT BRIEF (memo from Mr. Sanderson dated 10-5-05) |
| 7 | | 10/10/2005 | |
ACTION BY CLERK (MAT). Granted: 11/10/2005 |
| 8 | | 11/08/2005 | |
APPELLANT BRIEF |
| 9 | | 11/09/2005 | |
APPELLANT APPENDIX (faxed) |
| 10 | | 11/09/2005 | |
FAXED APPENDIX |
| 11 | | 11/09/2005 | |
Petition In Forma Pauperis to Waive Filing Fee on Appeal |
| 12 | | 11/09/2005 | |
ACTION BY CLERK (waiver of filing fee). Granted |
| 13 | | 11/10/2005 | |
Copies of ATA made |
| 14 | | 11/16/2005 | |
Corrected page 11 for ATB |
| 15 | | 11/16/2005 | |
DISK - ATB (corrected disk) |
| 16 | | 11/21/2005 | |
APPELLEE BRIEF (M. Richard Geiger) |
| 17 | | 11/21/2005 | |
DISK - aeb (M. Richard Geiger) (e-mailed) |
| 18 | | 12/07/2005 | |
APPELLEE BRIEF (Walsh Co., Bob Thomas & Sharon Martens) |
| 19 | | 12/07/2005 | |
APPELLEE APPENDIX (Walsh Co., Bob Thomas & Sharon Martens) |
| 20 | | 12/09/2005 | |
Motion to strike - faxed letter from counsel for AE re removal of final page of Supp AEA, & |
| 21 | | 12/09/2005 | |
corrected TOA |
| 22 | | 12/08/2005 | |
ACTION BY CLERK (Motion to Strike). Granted |
| 23 | | 12/08/2005 | |
E-FILED MOTION (Motion to Strike) |
| 24 | | 12/13/2005 | |
Corrected TOC & TOA for AEB of Walsh Co., Bob Thomas & Sharon Martens |
| 25 | | 12/13/2005 | |
DISK (e-mailed) - aeb (Walsh Co., Bob Thomas, & Sharon Martens) |
| 26 | | 12/22/2005 | |
SITTING WITH THE COURT: Schmalenberger, Allan L. |
| 27 | | 12/27/2005 | |
Letter dated 12-23-05 from Douglas A. Bahr (he requests waiver of OA on behalf of AE Judge Geiger |
| 28 | | 12/27/2005 | |
if Mr. Sanderson's request for waiver of OA is granted) |
| 29 | | 12/28/2005 | |
Letter dated 12-27-05 from Daniel Gaustad (he requests waiver of OA on behalf of Appellees Walsh Co |
| 30 | | 12/28/2005 | |
Sharon Martens, and Bob Thomas if Mr. Sanderson's request to waive is granted) |
| 31 | | 01/03/2006 | |
ACTION BY SUPREME COURT (re AT's request to waive). Granted |
| 32 | | 01/03/2006 | |
ACTION BY SUPREME COURT (re request to waive on behalf of AE Judge Geiger). Granted |
| 33 | | 01/03/2006 | |
ACTION BY SUPREME COURT (re request to waive OA on behalf of AE Walsh Co., Martens, Thomas). Granted |
| 34 | | 01/09/2006 | |
APPEARANCES: submitted under NDRAppP 34(f) on the records and briefs filed |
| 35 | | 01/09/2006 | |
ARGUED: submitted under NDRAppP 34(f) on the records and briefs filed |
| 36 | | 04/21/2006 | |
DISPOSITION: AFFIRMED |
| 37 | | 04/21/2006 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 38 | | 04/21/2006 | |
Costs on appeal taxed in favor of appellees |
| 39 | | 04/21/2006 | |
Judgment Mailed to Parties |
| 40 | | 04/28/2006 | |
Corrected Opinion Page 8, PARA 17 |
| 41 | | 05/02/2006 | |
Mot. Ext/Time Petition for Rehearing (via email) |
| 42 | | 05/03/2006 | |
ACTION BY CLERK. Granted: 05/22/2006 |
| 43 | | 05/03/2006 | |
Corrected Opinion Page (Title page) |
| 44 | | 05/12/2006 | |
PETITION FOR REHEARING |
| 45 | | 05/12/2006 | |
E-FILED BRIEF - PER |
| 46 | | 05/12/2006 | |
Made 7 Copies of Petition for Rehearing |
| 47 | | 05/15/2006 | |
Proof of Service of PER (e-filed) |
| 48 | | 06/06/2006 | |
ACTION BY SUPREME COURT (PER). Denied |
| 49 | | 06/19/2006 | |
MANDATE |
| 50 | | 06/23/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |