Discover Bank v. Bolinske, Sr.
Docket No. 20200098
Oral Argument:
Waived
Docket Info
- Title
- Discover Bank, Plaintiff and Appellee
v.
Robert V. Bolinske Sr., Defendant and Appellant - Case Type
- CIVIL APPEAL : DEBTOR/CREDITOR
- Appeal From
-
Case No. 2019-CV-03966
South Central Judicial District, Burleigh County
Pamela Ann Nesvig
2020 ND 228950 N.W.2d 417
Highlight
This Court will not consider documents in a party’s appendix that did not appear in the district court’s record under N.D.R.App.P. 30(a)(1). A party is not entitled to oral argument on a motion to vacate unless they follow the requirements of N.D.R.Ct. 3.2(a)(3) and secure a time for the argument within 14 days of the request. Issues not adequately briefed will not be addressed on appeal. A party’s appearance, without a pleading showing a meritorious defense, does not protect a party from default judgment. The district court was not required under N.D.R.Civ.P. 52(a)(3) to set forth findings of fact in its order denying the motion to vacate.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 03/23/2020 | NOTICE OF APPEAL : 03/23/2020 | |
2 | 03/24/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
3 | 03/24/2020 | Notice served on Robert V. Bolinske Sr and Amanda M. Lee | |
4 | 05/01/2020 | ELEC. RECORD ON APPEAL DATED APRIL 30, 2020 (ENTRY NOS. 1-36) | |
5 | 05/06/2020 | ANNOUNCED DISQUALIFICATION : Jensen, Jon J. | |
6 | 05/05/2020 | MOT. EXT/TIME APPELLANT BRIEF | |
7 | 05/07/2020 | ACTION BY ACTING CHIEF JUSTICE CROTHERS - Granted : 06/11/2020 | |
8 | 06/09/2020 | APPELLANT BRIEF | View |
9 | 06/09/2020 | APPELLANT APPENDIX | |
10 | 06/22/2020 | MOTION FOR EXTENSION OF TIME TO SUBMIT CORRECTIONS TO APPELLANT'S BRIEF AND APPENDIX | |
11 | 06/22/2020 | MOT. FOR EXT. OF TIME TO SUBMIT CORRECTIONS TO APPELLANT'S BRIEF AND APPENDIX (2nd submission) | |
12 | 06/23/2020 | NO ACTION TAKEN (ext. of time to submit corrections 2nd request) | |
13 | 06/23/2020 | ACTION BY CLERK - Granted : 07/02/2020 | |
14 | 06/30/2020 | Rec'd non-substantive corrections for ATB & ATA | |
15 | 07/06/2020 | MOTION TO STRIKE BY APPELLEE - RspDue : 08/20/2020 | |
16 | 07/01/2020 | Rec'd 5 copies of ATB & 4 copies of ATA from CSD | |
17 | 07/08/2020 | MOT. EXT/TIME APPELLEE BRIEF (insufficient motion - no good cause shown) | |
18 | 07/09/2020 | NO ACTION TAKEN (brief timely filed) | |
19 | 07/09/2020 | APPELLEE BRIEF | View |
20 | 07/13/2020 | Rec'd 5 copies of AEB back from CSD | |
21 | 07/20/2020 | MOT. EXT/TIME REPLY BRIEF AND TO RESPOND TO MOTION TO STRIKE | |
22 | 07/21/2020 | ACTION BY ACTING CHIEF JUSTICE CROTHERS - Granted : 08/20/2020 | |
23 | 07/23/2020 | ORAL ARGUMENT WAIVED: NO REQUESTS FOR ORAL ARGUMENT | |
24 | 08/19/2020 | SITTING WITH THE COURT : Schmalenberger, Allan L. | |
25 | 08/19/2020 | REPLY BRIEF | View |
26 | 08/27/2020 | Rec'd non-substantive corrections to RYB | |
27 | 08/31/2020 | Rec'd 5 copies of RYB back from CSD | |
28 | 09/02/2020 | Motion to Strike To Be Considered With the Merits | |
29 | 09/16/2020 | APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c) | |
30 | 09/16/2020 | ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c) | |
31 | 10/27/2020 | ACTION BY SUPREME COURT (MOTION TO STRIKE) - Granted | |
32 | 10/27/2020 | DISPOSITION | |
33 | 10/27/2020 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
34 | 10/27/2020 | COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE | |
35 | 11/12/2020 | Judgment Sent to Parties | |
36 | 11/10/2020 | Mot. Ext/Time Petition for Rehearing | |
37 | 11/12/2020 | ACTION BY ACTING CHIEF JUSTICE CROTHERS - Granted : 12/10/2020 | |
38 | 12/10/2020 | PETITION FOR REHEARING | View |
39 | 12/10/2020 | APPENDIX TO PETITION FOR REHEARING (filed subject to the approval of the Court) | |
40 | 12/11/2020 | Rec'd copies of PER from Central Duplicating | |
41 | 12/17/2020 | ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W. | |
42 | 12/17/2020 | ACTION BY SUPREME COURT - Denied | |
43 | 12/28/2020 | MANDATE |