Hoggarth v. Kropp

20090326 Monte Dean Hoggarth, Tonia
Hoggarth, and on behalf of A.H.
and B.H., Petitioners and Appellees
v.
Mary Elizabeth Kropp, Respondent and Appellant

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge Daniel D. Narum
Nature of Action: Other (Civil)
Counsel:
Appellant: Robert John Schultz
Appellee: Patti Jo Jensen
Term: 09/2010   Argument: 09/16/2010  1:30pm
ND cite: 2010 ND 197
NW cite: 790 N.W.2d 22

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Are Mary's Statements and Emails Constitutionally Protected Forms of Free Speech?
II. Is the Scope of the Protection Order Too Broad?

Appellee's Statement of the Issues:
I.While the question of whether speech is constitutionally protected is a question of law, it is the trial court's interpretation of the facts as to the nature of the speech that is determinative. The trial court's findings that Mary's conduct was not constitutionally protected is a correct one.
II.The granting or denial of a disorderly conduct restraining order is directed to the trial. Judge's sound discretion which must be reviewed to determine whether the lower court acted in an arbitrary, unreasonable or unconscionable matter or whether it's decision was the product of a rational mental process leading to a reasoned determination. The trial court's decision herein was not an abuse of discretion.

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Docket entries:
110/29/2009 NOTICE OF APPEAL: 10/27/2009
210/29/2009 ORDER FOR TRANSCRIPT: 10/27/2009
311/25/2009 RECORD ON APPEAL
412/10/2009 TRANSCRIPTS DATED July 28, 2009 and August 14, 2009 & C.O.S.
512/10/2009 DISK - TRA 7-28-09 & 08-14-09
601/15/2010 Supplemental Clerk's Certificate of Record dated January 13, 2010. Entry Nos. 60-62.
701/14/2010 MOTION FOR Remand and Stay of the Briefing Schedule
801/14/2010 E-FILED MOTION
901/14/2010 MOT. EXT/TIME APPELLANT BRIEF (see Motion for Remand). Granted: 01/29/2010
1001/15/2010 ACTION BY CLERK (Appellant's brief). Granted: 01/29/2010
1101/19/2010 ACTION BY CHIEF JUSTICE (Mot/Remand). Granted
1201/19/2010 STAY PENDING return of case after remand
1301/19/2010 ORDER OF REMAND
1401/22/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
1505/04/2010 MOT. EXT/TIME APPELLANT BRIEF (sua sponte)
1605/04/2010 ACTION BY CLERK. Granted: 06/14/2010
1706/11/2010 2nd Notice of Appeal filed in the trial court 6/9/10.
1806/14/2010 APPELLANT BRIEF (e-filed)
1906/14/2010 E-FILED BRIEF (ATB)
2006/14/2010 APPELLANT APPENDIX (e-filed)
2106/14/2010 E-FILED APPENDIX (ATA)
2206/15/2010 Received $25 surcharge for e-filed ATB (Receipt #19678)
2306/16/2010 Received 7 copies of ATB from CSD
2406/16/2010 Received 6 copies of ATA from CSD
2507/13/2010 APPELLEE BRIEF
2607/13/2010 DISK-AEB (E-MAILED)
2707/19/2010 Received 8 copies of corrected title page.
2807/15/2010 ELECTRONIC SUPPLEMENTAL CLERK'S CERTIFICATE OF APPEAL (entry nos. 82-89)
2907/28/2010 REPLY BRIEF of Appellant (e-filed) (PDF)
3007/28/2010 E-FILED BRIEF (RYB)(PDF)
3107/29/2010 NOTICE OF ORAL ARGUMENT SENT
3208/06/2010 Received 7 copies of RYB from CSD
3308/12/2010 RECORD ON APPEAL (re-filed after remand)
3409/16/2010 APPEARANCES: Robert J. Schultz; Patti J. Jensen & Appellees
3509/16/2010 ARGUED: Schultz; Jensen
3609/16/2010 ORAL ARGUMENT WEBCAST
3709/20/2010 TRANSCRIPT DATED March 4, 2010 & C.O.S.
3809/20/2010 DISK - tra (3-4-10) (e-mailed)
3910/19/2010 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT
4010/19/2010 SPLIT OPINION: Sandstrom, Dale V.
4110/19/2010 (CONCUR IN THE RESULT): Crothers, Daniel John: CON/RES
4210/19/2010 Costs on appeal not taxed against either party
4310/20/2010 Judgment Sent to Parties
4411/15/2010 MANDATE
4511/16/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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