Smith v. Erickson

Docket No. 20180124
Oral Argument: Wednesday, November 21, 2018 2:45 PM

Docket Info

Title
Eric N. Smith, Plaintiff and Appellant
v.
Emily R. Erickson, Defendant
and
State of North Dakota, Statutory Real Party in Interest
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2015-DM-01321
East Central Judicial District, Cass County
Wade L. Webb
2019 ND 48923 N.W.2d 503

Highlight

The district court has broad discretion in making contempt decisions and will not be overturned unless an abuse of discretion occurs.

The lack of a trial transcript does not allow for meaningful and intelligent review of issues on appeal.

The district court did not abuse its discretion in finding plaintiff a vexatious litigant when evidence supported finding litigant persistently and without reasonable grounds filed motions and requests not warranted under existing law.


Briefs

Filing Date Description
07/16/2018 APPELLANT BRIEF View

Counsel

Party Type Name
APPELLANT PRO SE Eric N. Smith

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 03/29/2018 NOTICE OF APPEAL : 03/29/2018
2 04/17/2018 Petition to waive filing fee
3 04/18/2018 ACTION BY CLERK - Granted
4 04/18/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 04/18/2018 Notice served on Eric N. Smith, Rondald K. Hettich & Janet K. Naumann
6 04/25/2018 MOTION FOR for Stay of Vexatious Litigant Finding and Right to Medical Decision Making
7 04/25/2018 ELEC. RECORD ON APPEAL DATED (ENTRY NOS. 1-422)
8 04/25/2018 Request for Post-Judgment Mediation
9 04/26/2018 Preliminary Issues
10 04/26/2018 SECOND NOTICE OF APPEAL
11 04/26/2018 MOT. EXT/TIME APPELLANT BRIEF
12 04/26/2018 E-FILED MOTION
13 04/27/2018 ACTION BY CLERK - Granted : 06/07/2018
14 04/27/2018 AMENDED SECOND NOTICE OF APPEAL
15 04/27/2018 NOT. OF FILING SECOND NOT. OF APPEAL AND AMENDED SECOND NOTICE OF APPEAL AND PROOF OF SERV.
16 05/02/2018 ACTION BY SUPREME COURT (Motion and Request for Stay ......) - Denied
17 05/03/2018 Letter from Program Adminstrator - case not appropriate for post-judgment mediation
18 05/10/2018 Received notice Appellee Emily R. Erickson appearing pro-se
19 06/06/2018 APPELLANT BRIEF (withdrawn)
20 06/06/2018 E-FILED BRIEF (withdrawn)
21 06/28/2018 S.Ct. Not. of Dismissal/Failure to Proceed - RspDue : 07/10/2018
22 07/10/2018 Response to Motion to Dismiss for Failure to Proceed
23 07/16/2018 Received $25 e-filing surcharge for Appellant's brief (Reciept #26307)
24 07/16/2018 MOT. EXT/TIME APPELLANT BRIEF
25 07/16/2018 ACTION BY CHIEF JUSTICE - Granted : 07/16/2018
26 07/16/2018 NO ACTION TAKEN (MSN)
27 07/16/2018 APPELLANT BRIEF View
28 07/16/2018 E-FILED BRIEF (PDF)
29 07/16/2018 APPELLANT APPENDIX
30 07/16/2018 E-FILED APPENDIX
31 07/19/2018 Rec'd 6 copies each of ATB & ATA from CD
32 07/19/2018 1ST ELEC. SUPP. RECORD ON APPEAL DATED JULY 18, 2018 (ENTRY NOS. 423 - 438)
33 08/15/2018 2ND ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 14, 2018 (ENTRY NOS. 439 - 443)
34 08/23/2018 NO APPELLEE BRIEF FILED
35 10/19/2018 NOTICE OF ORAL ARGUMENT SENT
36 10/26/2018 3RD ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 25, 2018 (ENTRY NOS. 444-455)
37 10/26/2018 ELEC. SUPP. RECORD ON APPEAL DATED (ENTRY NOS. )
38 11/21/2018 APPEARANCES: Appellant waived under N.D.R.App.P. 34(e); Appellee waived under N.D.R.App.P. 34(a)(2)
39 11/21/2018 ARGUED: Appellant waived under N.D.R.App.P. 34(e); Appellee waived under N.D.R.App.P. 34(a)(2)
40 02/21/2019 DISPOSITION
41 02/21/2019 UNANIMOUS OPINION : Crothers, Daniel John View
42 02/21/2019 By order of the court, no party have and recover costs and disbursement in this appeal
43 02/25/2019 Judgment Sent to Parties
44 03/15/2019 Mot. Ext/Time Petition for Rehearing
45 03/15/2019 ACTION BY CLERK - Granted : 03/15/2019
46 03/15/2019 PETITION FOR REHEARING View
47 03/18/2019 Rec'd 6 copies of PER from Central Duplicating
48 04/05/2019 ELEC. SUPP. RECORD ON APPEAL DATED APRIL 5, 2019 (ENTRY NOS. 456-465)
49 04/11/2019 ACTION BY SUPREME COURT (PETITION FOR REHEARING) - Denied
50 04/16/2019 5TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 15, 2019 (ENTRY NOS. 466)
51 04/24/2019 MANDATE