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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
Oral Argument 11/21/2018

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19 06/06/2018 APPELLANT BRIEF (withdrawn)
20 06/06/2018 E-FILED BRIEF (withdrawn)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