Riemers v. State
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| 20070307 |
Roland C. Riemers, Plaintiff and Appellant
and
Johnathan P. Riemers, Plaintiff
v.
State of North Dakota,
Douglas Herman, Gerald W.
VandeWalle, Carol Ronning
Kapsner, Mary Muehlen Maring,
and Dale V. Sandstrom, Defendants and Appellees
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Debbie Gordon Kleven |
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Nature of Action: |
Torts (Negligence, Liab., Nuis.)
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| Counsel: |
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| Term: |
03/2008 Argument: 03/27/2008 01:30pm
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| ND cite: |
2008 ND 118
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| NW cite: |
756 N.W.2d 344
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Did the district court err by including non-attorney fees in an award of attorney fees?
II. Did the district court err by awarding attorney fees to the Attorney General?
III.Did the district court err by not following N.D.R.Civ.P. Rule 54(e) by not requiring a motion before having a hearing?
IV. Did the district court err by not requiring the State to support its Affidavit with testimony and by not allowing Riemers to cross examine State witnesses?
V. Did the district court err by not requiring the State to show that it not only billed Risk Management for services, but that Risk Management really paid for these services?
VI. Did the district court and this Court err by ignoring the American Rule and thus attorney fees should never have been awarded to begin with?
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| 1 | | 10/18/2007 | |
NOTICE OF APPEAL: 10/17/2007 |
| 2 | | 10/18/2007 | |
ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W. |
| 3 | | 10/18/2007 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 4 | | 10/18/2007 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 5 | | 10/18/2007 | |
ANNOUNCED DISQUALIFICATION: Crothers, Daniel John |
| 6 | | 10/18/2007 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 7 | | 11/13/2007 | |
RECORD ON APPEAL (Not rec'd - no. 41 (steno notes)) |
| 8 | | 11/21/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 9 | | 11/21/2007 | |
E-FILED MOTION (MAT) |
| 10 | | 11/26/2007 | |
ACTION BY CLERK (MAT). Granted: 01/03/2008 |
| 11 | | 01/03/2008 | |
APPELLANT BRIEF |
| 12 | | 01/03/2008 | |
APPELLANT APPENDIX |
| 13 | | 01/03/2008 | |
DISK - atb (e-mailed) |
| 14 | | 01/04/2008 | |
Affidavit of Service by Mail of the ATB |
| 15 | | 01/22/2008 | |
APPELLEE BRIEF |
| 16 | | 01/22/2008 | |
Addendum to AEB |
| 17 | | 01/22/2008 | |
DISK of aeb (e-mailed) |
| 18 | | 01/25/2008 | |
SITTING WITH THE COURT: Schmalenberger, Allan L. |
| 19 | | 01/25/2008 | |
SITTING WITH THE COURT: Holte, Robert W. |
| 20 | | 01/28/2008 | |
SITTING WITH THE COURT: Riskedahl, Burt L. |
| 21 | | 01/28/2008 | |
SITTING WITH THE COURT: Goodman, Ronald E. |
| 22 | | 01/29/2008 | |
SITTING WITH THE COURT: Hagar, Richard L. |
| 23 | | 03/27/2008 | |
APPEARANCES: Roland C. Riemers; Douglas A. Bahr |
| 24 | | 03/27/2008 | |
ARGUED: Riemers; Bahr |
| 25 | | 03/27/3008 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 06/26/2008 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 27 | | 06/26/2008 | |
UNANIMOUS OPINION: Per Curiam |
| 28 | | 06/26/2008 | |
Costs on appeal taxed in favor of Appellees |
| 29 | | 07/01/2008 | |
Judgment E-Mailed to Parties |
| 30 | | 07/18/2008 | |
MANDATE |
| 31 | | 07/24/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |