Botner v. Bismarck Parks
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| 20090337 |
Corey Botner, individually and as
the father and natural guardian of
D.B., a minor, Plaintiff and Appellant
v.
Bismarck Parks and Recreation
District, Defendant, Third-Party Plaintiff
and Appellee
v.
Child, Inc., d/b/a Early Childhood
Learning Center, Third-Party Defendant
|
| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge David E. Reich |
|
Nature of Action: |
Personal Injury
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| Counsel: |
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| Term: |
03/2010 Argument: 03/08/2010 09:30am
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| ND cite: |
2010 ND 95
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| NW cite: |
782 N.W.2d 662
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Did the district court err in granting summary judgment in favor of Bismarck Parks and Recreation District (Bismarck Parks) where there are material issues of fact in dispute?
Appellee's Statement of the Issues:
Whether the district court's Order Granting Bismarck Parks' Motion for Summary Judgment was in error.
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| 1 | | 11/05/2009 | |
NOTICE OF APPEAL: 11/04/2009 |
| 2 | | 11/05/2009 | |
ORDER FOR TRANSCRIPT: 11/04/2009 |
| 3 | | 11/05/2009 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 4 | | 12/07/2009 | |
TRANSCRIPT DATED April 13, 2009 & C.O.S. |
| 5 | | 12/07/2009 | |
DISK - tra (4/13/09) (e-mailed) |
| 6 | | 12/09/2009 | |
Updated affidavit of Mark J. Condon (pro hac vice) |
| 7 | | 12/09/2009 | |
RECORD ON APPEAL (2 Volumes) |
| 8 | | 01/15/2010 | |
APPELLANT BRIEF |
| 9 | | 01/15/2010 | |
E-FILED BRIEF - ATB |
| 10 | | 01/15/2010 | |
APPELLANT APPENDIX |
| 11 | | 01/15/2010 | |
E-FILED APPENDIX - ATA |
| 12 | | 01/19/2010 | |
Received $25 surcharge for ATB (Receipt 19305) |
| 13 | | 01/21/2010 | |
Received Additional $73 surcharge for ATA (Receipt 19313) |
| 14 | | 02/02/2010 | |
Received copies of ATB from CSD |
| 15 | | 02/02/2010 | |
Received copies of ATA from CSD |
| 16 | | 02/04/2010 | |
APPELLEE BRIEF (e-filed) |
| 17 | | 02/04/2010 | |
E-FILED BRIEF (AEB) |
| 18 | | 02/04/2010 | |
APPELLEE APPENDIX (e-filed) PDF |
| 19 | | 02/04/2010 | |
E-FILED APPENDIX (AEA) PDF |
| 20 | | 02/05/2010 | |
Received $25 e-filing surcharge (Receipt #19341). |
| 21 | | 02/09/2010 | |
Received copies of AEB from CSD |
| 22 | | 02/09/2010 | |
Received copies of AEA from CSD |
| 23 | | 03/08/2010 | |
NOTICE OF ORAL ARGUMENT SENT |
| 24 | | 02/16/2010 | |
REPLY BRIEF (e-filed) PDF |
| 25 | | 02/16/2010 | |
E-FILED BRIEF (RYB) PDF |
| 26 | | 02/17/2010 | |
Received copies of RYB from CSD |
| 27 | | 02/23/2010 | |
SITTING WITH THE COURT: Hodny, William F. |
| 28 | | 03/04/2010 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 29 | | 03/04/2010 | |
SITTING WITH THE COURT: Schmalenberger, Allan L. |
| 30 | | 03/08/2010 | |
APPEARANCES: David S. Maring/Randall J. Bakke |
| 31 | | 03/08/2010 | |
ARGUED: Maring/Bakke |
| 32 | | 03/08/2010 | |
ORAL ARGUMENT WEBCAST |
| 33 | | 05/18/2010 | |
DISPOSITION: REVERSED AND REMANDED |
| 34 | | 05/18/2010 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 35 | | 05/18/2010 | |
Costs on appeal taxed in favor of Appellant. |
| 36 | | 05/18/2010 | |
Judgment Sent to Parties |
| 37 | | 06/09/2010 | |
MANDATE |
| 38 | | 06/14/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |