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Hanneman v. Nygaard

Docket No. 20090278
Oral Argument: Monday, March 8, 2010 1:30pm

Docket Info

Title
Rhonda Hanneman, Plaintiff and Appellee
v.
Arden Nygaard, Defendant and Appellant
Case Type
CIVIL APPEAL : OTHER (Civil)
Appeal From
Case No. 09-R-00454
South Central Judicial District, Burleigh County
Gail Hagerty
2010 ND 113784 N.W.2d 117
Oral Argument 3/8/2010

Highlight

An involuntary dismissal of a plaintiff's action, which does not otherwise specify, operates as an adjudication on the merits.
Res judicata prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties or their privies, but does not preclude litigation of additional new claims.
A district court must make findings of fact that are sufficient to enable an appellate court to understand the factual determinations made by the district court and the basis for the conclusions of law, and a district court's findings of fact should be stated with sufficient specificity to assist the appellate court's review and to afford a clear understanding of the district court's decision.

Briefs

Filing Date Description
12/04/2009 APPELLANT BRIEF (E-FILED) View
01/28/2010 APPELLEE BRIEF (e-filed) (pdf) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Kent M Morrow - 03503
APPELLEE PRIVATE PRACTICE Kristi Pettit Venhuizen - 05637

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

Seq. # Filing Date Description Attachment
1 09/28/2009 NOTICE OF APPEAL : 09/24/2009
2 09/28/2009 ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V.
3 10/05/2009 Copy of Order Permitting Counsel to Withdraw (Christopher A. Carlson for Petitioner/Appellee)
4 10/07/2009 ORDER FOR TRANSCRIPT : 09/24/2009
5 10/06/2009 RETENTION OF RECORD ON APPEAL : 11/13/2009
6 10/28/2009 TRANSCRIPT DATED September 9, 2009 & C.O.S.
7 10/28/2009 DISK - TRA (9-9-09)
8 11/02/2009 RECORD ON APPEAL
9 12/04/2009 APPELLANT BRIEF (E-FILED) View
10 12/04/2009 E-FILED BRIEF (ATB)
11 12/04/2009 APPELLANT APPENDIX (e-filed) PDF
12 12/04/2009 E-FILED APPENDIX (ATA) pdf
13 12/18/2009 MOT. EXT/TIME APPELLEE BRIEF (e-filed)
14 12/18/2009 ACTION BY CHIEF DEPUTY CLERK (MAE) - Granted : 01/28/2009
15 12/22/2009 Received $25 e-filing surcharge for ATB (Receipt #19280).
16 12/24/2009 Received 7 copies of ATB from Central Duplicating.
17 12/24/2009 Received 6 copies of ATA from Central Duplicating.
18 01/28/2010 APPELLEE BRIEF (e-filed) (pdf) View
19 01/28/2010 E-FILED BRIEF (AEB)
20 02/01/2010 Received $25.00 surcharge for AEB (Receipt No. 19330)
21 02/04/2010 Received 7 copies of AEB from CSD
22 03/08/2010 NOTICE OF ORAL ARGUMENT SENT
23 02/18/2010 SITTING WITH THE COURT : Irby, John Charles
24 03/08/2010 APPEARANCES: Kent M. Morrow/Kristen S. Pettit
25 03/08/2010 ARGUED: Morrow/Pettit
26 03/08/2010 ORAL ARGUMENT WEBCAST
27 06/17/2010 DISPOSITION
28 06/17/2010 SPLIT OPINION : Maring, Mary Muehlen View
29 06/17/2010 CONCUR IN PART AND DISENT IN PART : VandeWalle, Gerald W.
30 06/17/2010 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE.
31 06/21/2010 Judgment Sent to Parties
32 07/09/2010 MANDATE
33 07/15/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
34 09/09/2010 Corrected/Substitute Opinion Page
35 01/27/2021 EXPUNGED - Nonpermanent record items destroyed