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: |
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| Term: | 12/2007  Argument: 12/21/2007 04:00pm | ||||||
| ND cite: | 2008 ND 95 | ||||||
| NW cite: |
748 N.W.2d 714
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| 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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| 1 | 08/20/2007 | NOTICE OF APPEAL: 08/07/2007 | ||
| 2 | 08/31/2007 | RECORD ON APPEAL | ||
| 3 | 09/12/2007 | DISK of ATB (e-mailed) | ||
| 4 | 09/13/2007 | APPELLANT BRIEF | ||
| 5 | 09/13/2007 | APPELLANT APPENDIX | ||
| 6 | 09/14/2007 | Received $125.00 filing fee. | ||
| 7 | 10/10/2007 | APPELLEE BRIEF | ||
| 8 | 10/10/2007 | APPELLEE APPENDIX | ||
| 9 | 10/11/2007 | Affidavit of Service by Mail of the AEB | ||
| 10 | 10/15/2007 | REPLY BRIEF (Titled Response to Appellee Brief dated October 12, 2007) | ||
| 11 | 10/15/2007 | DISK - RYB | ||
| 12 | 10/18/2007 | Received corrected table of authorities and pages for AEB | ||
| 13 | 10/18/2007 | DISK - AEB | ||
| 14 | 10/29/2007 | Letter dated 10/26/07 requesting waiver of oral argument on behalf of Appellant and Appellee. | ||
| 15 | 11/30/2007 | Request to waive oral argument on behalf of Appellant and Appellee. Granted | ||
| 16 | 12/21/2007 | APPEARANCES: Argument waived under N.D.R.App.P. 34(f) | ||
| 17 | 12/21/2007 | ARGUED: Argument waived | ||
| 18 | 05/15/2008 | DISPOSITION: AFFIRMED | ||
| 19 | 05/15/2008 | UNANIMOUS OPINION: Crothers, Daniel John | ||
| 20 | 05/15/2008 | Costs on appeal taxed in favor of Appellee | ||
| 21 | 05/16/2008 | Judgment E-Mailed to Parties | ||
| 22 | 06/06/2008 | MANDATE | ||
| 23 | 06/11/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |