Livinggood v. Balsdon

20060130 Danny R. Livinggood, Plaintiff and Appellee
v.
Aaron Balsdon, Defendant and Appellant

Appeal from: District Court, Northeast Judicial District, Cavalier County
Judge Laurie A. Fontaine
Nature of Action: Real Property
Counsel:
Appellant: Fleming, DuBois & Fleming, PLLP
Appellee: Cameron D. Sillers, PC
Term: 09/2006   Argument: 09/07/2006  1:30pm
ND cite: 2006 ND 215
NW cite: 722 N.W.2d 716

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Issues: Appellant's Statement of the Issues:
1. Issue One: Did the court err in concluding that Balsdon forcibly ejected Livinggood from the real property in question, by threatening to call police, and were the police justly to be feared so as to render Livinggood forcibly removed from the real property?

Appellee's Statement of the Issues:
1. A. Was the trial court clearly erroneous in finding Balsdon's conduct to be sufficient to bring it under N.D.C.C.  32-03-29?
B. Did the trial court abuse its discretion in granting Livinggood treble damages?

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Docket entries:
105/02/2006 NOTICE OF APPEAL: 04/27/2006
205/25/2006 RECORD ON APPEAL
306/06/2006 APPELLANT BRIEF (e-filed)
406/06/2006 E-FILED BRIEF (ATB)
506/06/2006 APPELLANT APPENDIX
606/08/2006 Received $25 surcharge for ATB (Receipt #16891)
706/08/2006 Copies of ATB made
807/05/2006 APPELLEE BRIEF
907/06/2006 DISK - aeb
1007/11/2006 Copies of Table of Contents for ATA
1109/07/2006 APPEARANCES: Neil W. Fleming; Cameron D. Sillers
1209/07/2006 ARGUED: Fleming; Sillers
1309/07/2006 ORAL ARGUMENT WEBCAST
1410/17/2006 DISPOSITION: AFFIRMED
1510/17/2006 UNANIMOUS OPINION: Sandstrom, Dale V.
1610/17/2006 Costs on appeal taxed in favor of appellee
1710/19/2006 Order/Judgment Mailed to Parties
1811/13/2006 MANDATE
1911/20/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 07/25/2014