Holkesvig v. Welte

20110102 Randy Holkesvig, Plaintiff and Appellant
v.
Peter David Welte, Defendant and Appellee
Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Wickham Corwin
Nature of Action: Other (Civil)
Counsel:
Appellant: Pro se
Appellee: Daniel Lee Gaustad
Appellee: Joseph Elmer Quinn
Term: 10/2011   Argument: 10/27/2011  09:30am
ND cite: 2012 ND 14
NW cite: 809 N.W.2d 323

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Issues: Appellant's Statement of the Issues:
Did the District Court err by issuing a contempt order on 3-31-11?
REPLY BRIEF ISSUES
Did the District Court overlook their own misconduct issues which preceded my legal right and obligation to formally make a reply on the record regarding the Contempt Order and the post-judgment rulings?

Appellee's Statement of the Issues:
I. Did the trial court properly find Plaintiff in contempt of court after the trial court ordered no further pleadings or documents of any kind were to be filed and Plaintiff repeatedly filed post-judgment pleadings and documents in violation of this order?
II. Is Plaintiff improperly attempting to re-litigate the merits of the underlying civil case, which was dismissed by the trial court, because Plaintiff's arguments focus on the underlying court order dismissing Plaintiff's claims and not the finding and order for contempt?
III. Are Defendants entitled to damages and costs of the appeal in accordance with Rule 38 of the North Dakota Rules of Appellate Procedure because Plaintiff's appeal is repetitious and completely devoid of merit?

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Docket entries:
104/12/2011 NOTICE OF APPEAL: 04/12/2011
204/14/2011 This case is consolidated w/20110103-20110104. Make all docket entries, except ROA, DIS,& MAN
304/14/2011 codes, in this case.
404/14/2011 Electronic RECORD ON APPEAL and Supplementals from Supreme Court Nos. 20100315-20100317 filed
504/25/2011 TRANSCRIPT DATED August 25, 2010 & C.O.S.
604/25/2011 DISK - TRA (8/25/10) (e-mailed)
704/26/2011 TRANSCRIPTS DATED April 23, 2010 & February 1, 2011 & C.O.S. (copies - originals filed in ROA)
804/26/2011 DISK - tra (4/23/10 & 2/1/11) (e-mailed)
904/28/2011 ORDER FOR TRANSCRIPT (Lisa Plante): 04/15/2011
1005/02/2011 MOT. EXT/TIME APPELLANT BRIEF (e-filed letter from Mr. Holkesvig)
1105/02/2011 E-FILED MOTION (MAT)
1205/04/2011 E-mail letter from Mr. Holkesvig re: additional reasons for extension
1305/04/2011 ACTION BY CLERK (MAT). Granted: 07/05/2011
1406/29/2011 APPELLANT BRIEF
1506/29/2011 APPELLANT APPENDIX
1606/29/2011 DISK - ATB (e-mail)
1707/29/2011 APPELLEE BRIEF
1807/29/2011 E-FILED BRIEF - AEB
1907/29/2011 APPELLEE APPENDIX
2007/29/2011 E-FILED APPENDIX - AEA
2108/03/2011 Rec'd $25.00 AEB surcharge. (receipt no. 20588)
2208/04/2011 Rec'd 7 copies of AEB from Central Duplicating.
2308/04/2011 Rec'd 6 copies of AEA from Central Duplicating.
2408/06/2011 REPLY BRIEF
2508/06/2011 DISK-RYB (E-MAILED)
2609/01/2011 MOTION to Continue oral argument to December Term
2709/01/2011 ACTION BY CLERK (Motion to Cont. Denied
2809/06/2011 NOTICE OF ORAL ARGUMENT SENT
2910/27/2011 APPEARANCES: Randy Holkesvig; Joseph E. Quinn
3010/27/2011 ARGUED: Randy Holkesvig; Joseph E. Quinn
3110/27/2011 ORAL ARGUMENT WEBCAST
3211/16/2011 ELECTRONIC SUPPLEMENTAL RECORD ON APPEAL dated 11/15/11 (entry nos. 230-238)
3311/18/2011 Supplemental Clerk's Certificate dated 4-6-11 (Entry Nos. 34 & 47, transferred from 20100315
3411/22/2011 Electronic SUPPLEMENTAL RECORD ON APPEAL dated 11/21/11 (Image Nos. 239 - 241)
3511/30/2011 ELECTRONIC SUPPLEMENTAL RECORD ON APPEAL dated November 29, 2011 (entry nos. 242-244)
3601/12/2012 DISPOSITION: REVERSED AND REMANDED
3701/12/2012 UNANIMOUS OPINION: Kapsner, Carol Ronning
3801/12/2012 Costs on appeal taxed in favor of appellant
3901/13/2012 Judgment Sent to Parties
4002/03/2012 MANDATE
4102/07/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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