Lang v. Binstock

990345
Court of Appeals

Ernest Lang, Plaintiff and Appellant
v.
Rodney Binstock, Defendant and Appellee

Appeal from:

District Court, South Central Judicial District, Burleigh County
Judge Thomas J. Schneider

Nature of Action:

Counsel:

Appellant:		Pro se
Appellee:		Bucklin, Klemin, McBride & Schweigert, P.C.

Term:

12/2000 Argument: 12/01/2000 01:30pm

ND cite:

2001 ND App

NW cite:

622 N.W.2d 241

Issues:

Appellant's Statement of the Issues:
Did the Trial Judge abuse his discretion and exhibit bias when he issued an order for Summary Judgment that was not supported by any statute or any "material facts"?
Did the Trial Court Judge abuse his discretion when he heard and acted on Binstock's Motion for Summary Judgment before first acting on Lang's Motion to Compel Discovery which was the first filed?

Appellee's Statement of the Issues:
Did the trial court err in determining that Lang's claim of conversion was barred by the applicable statute of limitations, as well as by the doctrines of laches, waiver, estoppel and abandonment?
Was Lang's motion to compel discovery made moot as a result of the trial court's decision on Binstock's motion for summary judgment?
Is Lang's appeal frivolous?

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Docket entries:

1	11/17/1999	NOTICE OF APPEAL: 11/15/1999
2	11/18/1999	NOTE: filing fee was waived by trial court (See Docket Entry No. 4 of Clerk's Certificate)
3	11/18/1999	ANNOUNCED DISQUALIFICATION: Neumann, William A.
4	12/08/1999	APPELLANT BRIEF
5	12/08/1999	APPELLANT APPENDIX
6	12/14/1999	RETENTION OF RECORD ON APPEAL (Retained by Trial Ct. for 12-28-99 hearing): 01/05/1999
7	12/16/1999	MOT. EXT/TIME APPELLEE BRIEF
8	12/17/1999	ACTION BY CHIEF JUSTICE. Denied
9	12/17/1999	DISK - ATB
10	12/21/1999	MOT. EXT/TIME APPELLEE BRIEF (Renewal of MAE) (No action taken)
11	12/21/1999	NO ACTION TAKEN (Renewal of MAE)
12	12/28/1999	Faxed letter dated 12-28-99 from Lawrence R. Klemin requesting ext. of time to file AEB
13	12/29/1999	MOT. EXT/TIME APPELLEE BRIEF (orig. letter dated 12-28-99 from Mr. Klemin)
14	12/29/1999	ACTION BY CHIEF JUSTICE (above ext. is 30 days after the 2-02-2000 hearing). Granted: 03/03/2000
15	01/19/2000	FOLLOW UP BRIEF RESISTING INCREASE OF COST BOND
16	02/24/2000	MOTION TO DISMISS APPEAL FOR FAILURE TO FILE COST BOND & BRIEF IN SUPPORT. Denied
17	02/24/2000	Copy of trial court order regarding cost bond on appeal
18	02/25/2000	APPELLEE BRIEF
19	02/25/2000	APPELLEE APPENDIX
20	02/25/2000	DISK - AEB
21	03/02/2000	BRIEF RESISTING PAYMENT OF COST BOND
22	03/08/2000	ACTION BY SUPREME COURT (MOT)(Lang is directed to file a $250 cost bond in the trial court by. Denied
23	03/08/2000	March 22, 2000, with proof to this court, or the clerk is directed to enter an order dismissing
24	03/08/2000	the appeal.
25	03/08/2000	Order Mailed to Parties, clerk
26	03/13/2000	RECORD ON APPEAL w/separate 54 (transcript dated 8/30/99)
27	03/14/2000	MOTION FOR RECONSIDERATION REGARDING THE PAYMENT OF COST BOND
28	03/15/2000	ACTION BY SUPREME COURT (MOT/reconsideration re: cost bond). Denied
29	03/15/2000	Order Mailed to Parties, clerk, trial court
30	03/22/2000	NOTE: Burleigh Co. Dist. Ct. Clerk's Office, Mr. Lang paid the $250 cost bond 3-22-00
31	03/29/2000	MOT. EXT/TIME REPLY BRIEF (sua sponte)
32	03/29/2000	ACTION BY CHIEF JUSTICE. Granted: 03/29/2000
33	03/29/2000	REPLY BRIEF of Appellant
34	03/30/2000	At the direction of the Court, oral argument postponed until further notice
35	04/05/2000	DISK - RYB
36	12/01/2000	APPEARANCES: Ernest Lang; Lawrence R. Klemin
37	12/01/2000	ARGUED: Lang; Klemin (page 37). Denied
38	01/17/2001	DISPOSITION (Remanded): AFFIRMED
39	01/17/2001	UNANIMOUS OPINION: , Per Curiam
40	01/17/2001	Costs on appeal taxed in favor of appellee
41	01/17/2001	Order/Judgment Mailed to Parties
42	01/31/2001	PETITION FOR REHEARING
43	02/21/2001	ACTION BY SUPREME COURT (PER). Denied
44	03/09/2001	MANDATE
45	03/14/2001	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
46	03/06/2007	EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/04/2008