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Bolinske v. Sandstrom, et al.

Docket No. 20220016
Oral Argument: Monday, April 25, 2022 2:45 PM

Docket Info

Title
Robert V. Bolinske, Sr., Plaintiff and Appellant
v.
Dale V. Sandstrom, Gail Hagerty, Defendants and Appellees
and
Robert R. Port, Defendant
Case Type
CIVIL APPEAL : OTHER (Civil)
Appeal From
Case No. 2019-CV-00877
South Central Judicial District, Burleigh County
Michael Patrick Hurly
2022 ND 148
Oral Argument 4/25/2022

Highlight

A person bringing a claim against the state or a state employee for an injury shall present to the director of the office of management and budget within 180 days after the alleged injury is discovered or reasonably should have been discovered a written notice of claim as provided by statute. The district court lacks subject matter jurisdiction absent a timely filing of a notice of claim.

Because a court’s dismissal of claims without prejudice for lack of subject matter jurisdiction is not an adjudication on the merits, the doctrines of claim and issue preclusion do not foreclose a subsequent action to adjudicate those claims. However, claim preclusion prohibits the relitigation of claims or issues that were raised or could have been raised in a prior action between the same parties or their privies and which was resolved by a final judgment on the merits.

Under N.D.R. Lawyer Discipl. 6.5, no lawsuit may be instituted against any complainant or witness in a lawyer disciplinary matter based on their communications to the board and its secretary, district inquiry committees, hearing panels, or counsel relating to lawyer misconduct or disability.

The affirmative defense that the statute of limitations has run must be pled by answer.

An appellate court is a court of review, not of first view.

If a party opposing a summary judgment motion shows by declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) deny the motion; (2) order a continuance to enable declarations to be obtained, depositions to be taken, or other discovery to be undertaken; or (3) issue any other just order.

In civil actions, the court shall award reasonable attorney’s fees to the prevailing party if it finds a claim for relief was frivolous.


Briefs

Filing Date Description
02/22/2022 APPELLANT BRIEF View
03/24/2022 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRO SE Robert V Bolinske - 03266
APPELLEE ATT. GENERAL OFFICE Matthew Arnold Sagsveen - 05613

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

Seq. # Filing Date Description Attachment
1 01/13/2022 NOTICE OF APPEAL : 01/13/2022
2 01/14/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 01/14/2022 Notice Served on Robert V. Bolinske Sr., Matthew A. Sagsveen, Monte L. Rogneby & Jesse Walstad
4 02/09/2022 ELEC. RECORD ON APPEAL DATED FEBRUARY 8, 2022 (ENTRY NOS. 1-113)
5 02/22/2022 APPELLANT BRIEF View
6 02/22/2022 Oral Argument Request by Appellant
7 02/22/2022 APPELLANT APPENDIX
8 02/28/2022 Rec'd non-sunstantive corrections to ATB
9 03/03/2022 Rec'd 3 copies of ATB and 2 copies of ATA back from CD
10 03/18/2022 ANNOUNCED DISQUALIFICATION : Crothers, Daniel John
11 03/18/2022 ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W.
12 03/23/2022 ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair
13 03/23/2022 SITTING WITH THE COURT : Nelson, David W.
14 03/23/2022 SITTING WITH THE COURT : Schmalenberger, Allan L.
15 03/24/2022 NOTICE OF ORAL ARGUMENT SENT
16 03/24/2022 SITTING WITH THE COURT : Anderson, Norman G.
17 03/24/2022 APPELLEE BRIEF View
18 03/25/2022 Intent to Particpate in Oral Argument by Matthew A. Sagsveen
19 03/25/2022 Rec'd corrections to AEB
20 03/25/2022 Rec'd 3 copies of AEB back from CD
21 04/08/2022 STIPULATION FOR DISMISSAL AS TO ROBERT R. PORT View
22 04/11/2022 ACTION BY CLERK (VOLUNTARY DISMISSAL AS TO ROBERT R. PORT) - Granted View
23 04/11/2022 Order/Judgment Sent to Parties
24 04/25/2022 APPEARANCES: Robert V. Bolinske Sr./Matthew A. Sagsveen
25 04/25/2022 ARGUED: Robert V. Bolinske Sr./Matthew A. Sagsveen
26 04/25/2022 ORAL ARGUMENT WEBCAST
27 04/26/2022 1ST ELEC. SUPP. RECORD ON APPEAL DATED APRIL 25, 2022 (ENTRY NOS. 114-118 )
28 07/27/2022 DISPOSITION (VACATED IN PART, AND REMANDED)
29 07/27/2022 UNANIMOUS OPINION : Tufte, Jerod E. View
30 07/27/2022 BY ORDER OF THE COURT NEITHER PARTY HAVE AND RECOVER COSTS AND DISBURSEMENTS IN THIS APPEAL
31 07/27/2022 Judgment View
32 08/10/2022 Mot. Ext/Time Petition for Rehearing
33 08/12/2022 ACTION BY CHIEF JUSTICE - Granted : 09/05/2022
34 08/30/2022 Mot. Ext/Time Petition for Rehearing
35 08/31/2022 ACTION BY SUPREME COURT - Denied
36 09/06/2022 PETITION FOR REHEARING View
37 09/15/2022 Rec'd corrections to PER
38 09/16/2022 Rec'd 3 copies of PER back from CD
39 09/20/2022 ACTION BY SUPREME COURT - Denied View
40 09/28/2022 MANDATE