Kalvoda v. Bismarck Public School Dist. #1
Docket No. 20100320
Oral Argument:
Thursday, January 6, 2011 9:30 AM
Docket Info
- Title
- Joseph Kalvoda, Melissa Davis,
Gerald Prouty and Sandra Broschat, Petitioners and Appellants
v.
Bismarck Public School District #1, Respondent and Appellee - Case Type
- CIVIL ORIG. PROCEEDING : WRIT OF MANDAMUS (Civil)
- Appeal From
-
Case No. 10-C-1837
South Central Judicial District, Burleigh County
Robert O. Wefald
2011 ND 32794 N.W.2d 454
Oral Argument
1/6/2011
Highlight
On appeal, the appellee is entitled to argue any grounds raised at the district court without cross-appealing, including those that were rejected. A cross-appeal is necessary only if the appellee seeks a more favorable result on appeal than it received in the district court.
The party seeking a writ of mandamus must demonstrate a clear legal right to performance of the acts sought and have no other plain, speedy, and adequate remedy in the ordinary course of law.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 09/24/2010 | NOTICE OF APPEAL : 09/23/2010 | |
2 | 10/12/2010 | APPELLANT BRIEF (e-filed) | View |
3 | 10/12/2010 | E-FILED BRIEF (ATB) | |
4 | 10/12/2010 | APPELLANT APPENDIX (e-filed) PDF | |
5 | 10/12/2010 | E-FILED APPENDIX (ATA) PDF | |
6 | 10/13/2010 | Received $72.50 surcharge for e-filing ATB & ATA (Receipt #20009). | |
7 | 10/15/2010 | Rec'd 7 copies of ATB from Central Duplicating. | |
8 | 10/15/2010 | Rec'd 6 copies of ATA from Central Duplicating. | |
9 | 10/19/2010 | RECORD ON APPEAL & Separate Nos. 15-18 (bound together) | |
10 | 11/10/2010 | APPELLEE BRIEF (e-filed) | View |
11 | 11/10/2010 | E-FILED BRIEF (AEB) | |
12 | 11/16/2010 | Received $25 surcharge for AEB (Receipt #20059) | |
13 | 11/17/2010 | Received 7 copies of AEB from CSD | |
14 | 11/23/2010 | REPLY BRIEF (e-filed) | View |
15 | 11/23/2010 | E-FILED BRIEF (RYB) | |
16 | 11/23/2010 | Received 7 copies of RYB from Central Duplicating. | |
17 | 12/13/2010 | NOTICE OF ORAL ARGUMENT SENT | |
18 | 01/06/2011 | APPEARANCES: Michael J. Geiermann; Gary R. Thune | |
19 | 01/06/2011 | ARGUED: Michael J. Geiermann; Gary R. Thune | |
20 | 01/06/2011 | ORAL ARGUMENT WEBCAST | |
21 | 02/08/2011 | DISPOSITION | |
22 | 02/08/2011 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
23 | 02/08/2011 | Costs on appeal taxed in favor of appellee. | |
24 | 02/09/2011 | Judgment Sent to Parties | |
25 | 03/04/2011 | MANDATE | |
26 | 03/09/2011 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
27 | 04/02/2021 | EXPUNGED - Nonpermanent record items destroyed |