Riemers v. Mahar

20070232 Roland C. Riemers, Plaintiff and Appellant
v.
Rick Mahar, Defendant and Appellee

Appeal from: District Court, Northeast Judicial District, Walsh County
Judge Michael G. Sturdevant
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: Pro se
Appellee: Hodny Currie Lawyers
Term: 12/2007   Argument: 12/21/2007  04:00pm
ND cite: 2008 ND 95
NW cite: 748 N.W.2d 714


Issues: Appellant's Statement of the Issues:
I. Did the court err by accepting Mahar's motion for summary judgment even though it was defective and totally lacking in substance?
II. Did the court err in ruling that Riemers was a public figure and thus Riemers had to prove Mahar's statement s were made with malice?
III. Did the court err by ruling that it was important that Riemers had not presented any evidence establishing any facts in dispute?
IV. Did the court err by not following the correct standard for summary judgment in a defamation action?
V. Did the court err by making findings of fact in regards to the truthfulness of Mahar's statements?
VI. Did the court err by not following North Dakota statutes for defamation actions?

Appellee's Statement of the Issues:
I.The summary judgment motion was not defective or lacking in substance.
II.The court did not err in finding that Riemers was a public figure.
III.The court did not err by finding it significant that Riemers had not presented evidence establishing facts that were in dispute.
IV.The court followed an appropriate standard for summary judgment in a defamation action.
V.The court did not err in making "Findings of fact" in regard to the truthfulness of the alleged libelous Statements.
VI.The court did not err by failing to follow North Dakota statutory requirements for a defamation action.

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Docket entries:
108/20/2007 NOTICE OF APPEAL: 08/07/2007
208/31/2007 RECORD ON APPEAL
309/12/2007 DISK of ATB (e-mailed)
409/13/2007 APPELLANT BRIEF
509/13/2007 APPELLANT APPENDIX
609/14/2007 Received $125.00 filing fee.
710/10/2007 APPELLEE BRIEF
810/10/2007 APPELLEE APPENDIX
910/11/2007 Affidavit of Service by Mail of the AEB
1010/15/2007 REPLY BRIEF (Titled Response to Appellee Brief dated October 12, 2007)
1110/15/2007 DISK - RYB
1210/18/2007 Received corrected table of authorities and pages for AEB
1310/18/2007 DISK - AEB
1410/29/2007 Letter dated 10/26/07 requesting waiver of oral argument on behalf of Appellant and Appellee.
1511/30/2007 Request to waive oral argument on behalf of Appellant and Appellee. Granted
1612/21/2007 APPEARANCES: Argument waived under N.D.R.App.P. 34(f)
1712/21/2007 ARGUED: Argument waived
1805/15/2008 DISPOSITION: AFFIRMED
1905/15/2008 UNANIMOUS OPINION: Crothers, Daniel John
2005/15/2008 Costs on appeal taxed in favor of Appellee
2105/16/2008 Judgment E-Mailed to Parties
2206/06/2008 MANDATE
2306/11/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/01/2008