Nelson v. Johnson
- Kathy Nelson, Plaintiff and Appellee
Carol Johnson, Defendant and Appellant
- Case Type
- CIVIL APPEAL : LANDLORD/TENANT
- Appeal From
Case No. 09-C-00814
East Central Judicial District, Cass County
Steven E. McCullough
Special statutory procedures are exempt from the rules of civil procedure insofar as those statutory procedures are inconsistent with the rules.
A landlord may not commence an eviction action against a tenant for nonpayment of rent unless the landlord gives the tenant a three-day notice of intention to evict and an opportunity to pay the past due rent.
A notice of intention to evict may be served either as a summons is served and returned, or by the sheriff of the county or a process server posting the notice conspicuously upon the premises if the party cannot be found.
Service of a notice of intention to evict must have been attempted at least once and the tenant not found before the notice may be served by posting conspicuously upon the premises.
A process server is interested in the action if the server might properly have been joined as a party in the action.
No counterclaims may be interposed in an eviction action except as a set off to a demand made for damages or for rents and profits.
|APPELLANT||PRO SE||Carol J. Johnson|
|APPELLEE||PRIVATE PRACTICE||Jonathan T. Garaas - 03080|
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||04/28/2009||NOTICE OF APPEAL : 04/27/2009|
|2||05/27/2009||ORDER FOR TRANSCRIPT : 05/14/2009|
|3||06/01/2009||MOTION TO EXTEND BRIEFING SCHEDULE|
|4||06/02/2009||ACTION BY CLERK (MAT) TRA due 7/6/09 - ATB/ATA due 40 days after TRA filed - Granted|
|5||06/23/2009||Letter from Attorney Gregory Thompson dated 6-22-09 RE: No longer represents Kathy Nelson|
|6||07/01/2009||TRANSCRIPT DATED February 25, 2009, & C.O.S.|
|7||07/02/2009||DISK-tra (2/25/09) e-mailed|
|8||07/06/2009||RECORD ON APPEAL|
|9||07/06/2009||APPELLANT BRIEF & ATTACHED APPENDIX||View|
|11||07/24/2009||Rec'd corrected 8 copies of TOA and corresponding pages|
|12||07/24/2009||Rec'd 9 separate appendices.|
|13||07/27/2009||Affidavit of Service by Mail (ATB)|
|15||08/06/2009||DISK - AEB (CD-ROM)|
|16||08/27/2009||MOTION TO DISMISS APPEAL AS MOOT - RspDue : 09/08/2009|
|17||09/09/2009||Response to Motion to Dismiss Appeal Filed|
|18||09/14/2009||NOTICE OF ORAL ARGUMENT MAILED|
|19||09/22/2009||ACTION BY SUPREME COURT (Mot/Dismiss) - Denied|
|20||09/23/2009||Order Denying Motion to Dismiss Mailed to Parties|
|21||10/01/2009||APPEARANCES: Carol Johnson,pro se/Jonathan T. Garaas|
|23||10/01/2009||ORAL ARGUMENT WEBCAST|
|25||02/17/2010||SPLIT OPINION : Maring, Mary Muehlen||View|
|26||02/17/2010||(DISSENTING) : Sandstrom, Dale V.|
|27||02/17/2010||Costs on appeal taxed in favor of appellee|
|28||02/18/2010||Judgment Sent to Parties|
|30||03/30/2010||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|31||12/24/2020||EXPUNGED - Nonpermanent record items destroyed|