Broten, et al. v. Broten
Docket No. 20140177
Oral Argument:
Tuesday, January 13, 2015 1:30pm
Docket Info
- Title
- Louise Broten and Linda Schuler, in their
individual capacities and as co-Personal
Representatives of the Estate of Helen
Broten, deceased, Plaintiffs and Appellees
v.
James Broten, in his individual capacity and
as Personal Representative of the Estate
of Olaf Broten, deceased, Defendant and Appellant - Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
-
Case No. 2011-CV-00042
Southeast Judicial District, Barnes County
Jay A. Schmitz
2015 ND 127863 N.W.2d 902
Oral Argument
1/13/2015
Highlight
Judicial estoppel is a doctrine designed to protect the integrity of the judicial process by prohibiting a party from assuming inconsistent or contradictory positions during the course of litigation..
Election of remedies is applied when there are two or more remedies, inconsistency between the remedies, and a choice of one remedy
A trial court may postpone the election of remedies until final judgment is entered.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 05/15/2014 | NOTICE OF APPEAL : 05/07/2014 | |
2 | 05/15/2014 | ORDER FOR TRANSCRIPT : 05/07/2014 | |
3 | 05/19/2014 | ACKNOWLEDGMENT FOR ORDER FOR TRANSCRIPT (BRENDA RICHARDS, COURT REPORTER) | |
4 | 06/06/2014 | ELEC. ROA DATED JUNE 6, 2014 (ENTRY NOS.1-18, 21-30, 32-187) Not rec'd 19-20-deleted, 31-CD | |
5 | 06/18/2014 | TRANSCRIPTS DATED June 17, 2013, June 18, 2013, & November 27, 2013 & C.O.S. | |
6 | 06/19/2014 | DISK of TRAs dated 6-17-13, 6-18-13, & 11-27-13 | |
7 | 06/30/2014 | Stipulation and Motion for Limited and Temporary Remand | |
8 | 06/30/2014 | E-FILED MOTION | |
9 | 07/02/2014 | ACTION BY CHIEF JUSTICE - Denied | |
10 | 07/02/2014 | ORDER OF REMAND | |
11 | 07/02/2014 | Briefing schedule STAYED PENDING remand | |
12 | 07/03/2014 | Order of Remand Sent to Parties | |
13 | 08/27/2014 | 2nd Notice of Appeal filed in the trial court on August 27, 2014 | |
14 | 09/04/2014 | MOT. EXT/TIME APPELLANT BRIEF (Sua Sponte due to Remand) | |
15 | 09/04/2014 | ACTION BY CLERK (Sua Sponte due to Remand) - Granted : 10/06/2014 | |
16 | 10/03/2014 | APPELLANT BRIEF (PDF) | View |
17 | 10/03/2014 | E-FILED BRIEF (PDF) | |
18 | 10/03/2014 | APPELLANT APPENDIX | |
19 | 10/03/2014 | E-FILED APPENDIX | |
20 | 10/06/2014 | Rec'd $25 e-filing surcharge for ATB & $7.50 surcharge for ATA. (Receipt 23054/23055) | |
21 | 10/06/2014 | ELEC. RECORD ON APPEAL DATED OCTOBER 6, 2014 (ENTRY NOS.1-18. 21-30, & 32-203) | |
22 | 10/06/2014 | ITEMS NOT SENT: #19-20 & #31-DISC | |
23 | 10/07/2014 | Rec'd non-substantive corrections for ATB (TOC & TOA paragraphing) | |
24 | 10/08/2014 | Rec'd 7 copies of ATB & 6 copies of ATA from Central Duplicating | |
25 | 11/05/2014 | APPELLEE BRIEF (PDF) | View |
26 | 11/05/2014 | E-FILED BRIEF | |
27 | 11/06/2014 | RECEIVED $25 SURCHARGE FOR AEB (RECEIPT #23258) | |
28 | 11/10/2014 | Received 7 copies of AEB from Central Duplicating | |
29 | 11/18/2014 | REPLY BRIEF (PDF) | View |
30 | 11/18/2014 | E-FILED BRIEF (PDF) | |
31 | 11/21/2014 | Rcv'd corrections to RYB (over word limit) | |
32 | 11/24/2014 | Received 7 copies of RYB from Central Duplicating | |
33 | 12/15/2014 | NOTICE OF ORAL ARGUMENT SENT | |
34 | 01/13/2015 | APPEARANCES: Douglas W. Murch; David J. Smith | |
35 | 01/13/2015 | ARGUED: Douglas W. Murch; David J. Smith | |
36 | 01/13/2015 | ORAL ARGUMENT WEBCAST | |
37 | 05/27/2015 | DISPOSITION (Affirmed and remanded) | |
38 | 05/27/2015 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
39 | 05/27/2015 | Costs awarded in favor of the Appellees | |
40 | 05/28/2015 | Judgment Sent to Parties | |
41 | 06/23/2015 | MANDATE | |
42 | 07/01/2015 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
43 | 03/08/2017 | Corrected Opinion Page, correcting title for Plaintiffs/Appellees to include and as co-Personal | |
44 | 05/12/2022 | EXPUNGED - Nonpermanent record items destroyed |