Search Tips

Nelson v. Johnson

Docket No. 20090133
Oral Argument: Thursday, October 1, 2009 10:45AM

Docket Info

Title
Kathy Nelson, Plaintiff and Appellee
v.
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
2010 ND 23778 N.W.2d 773
Oral Argument 10/1/2009

Highlight

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.

Briefs

Filing Date Description
07/06/2009 APPELLANT BRIEF & ATTACHED APPENDIX View
08/05/2009 APPELLEE BRIEF View

Counsel

Party Type Name
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5 06/23/2009 Letter from Attorney Gregory Thompson dated 6-22-09 RE: No longer represents Kathy Nelson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
10 07/23/2009 DISK-atb (e-mailed)
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)
14 08/05/2009 APPELLEE BRIEF View
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
22 10/01/2009 ARGUED: Johnson/Garaas
23 10/01/2009 ORAL ARGUMENT WEBCAST
24 02/17/2010 DISPOSITION
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
29 03/19/2010 MANDATE
30 03/30/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
31 12/24/2020 EXPUNGED - Nonpermanent record items destroyed