Kulczyk, et al. v. Tioga Ready Mix Co., et al.
Docket No. 20160330
Oral Argument:
Monday, June 19, 2017 1:30 PM
Docket Info
- Title
- William Kulczyk and Rhonda Kulczyk, Plaintiffs and Appellants
v.
Tioga Ready Mix Co., Scott Financial
Corporation, Triple Aggregate, LLC, and all
persons unknown, claiming any estate or interest
in, or lien or encumbrance upon, the real estate
described in the complaint, Defendants
and
Tioga Ready Mix Co., Appellee - Case Type
- CIVIL APPEAL : FORECLOSURE
- Appeal From
-
Case No. 2015-CV-01313
Northwest Judicial District, Williams County
Kirsten Marie Sjue
2017 ND 218902 N.W.2d 485
Oral Argument
6/19/2017
Highlight
Res judicata prevents the relitigation of claims that were raised, or could have been raised, in prior actions between the same parties.
An action against a guarantor is based on the contract of guaranty which is an obligation distinct from the obligation imposed by a promissory note and mortgage.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 09/30/2016 | NOTICE OF APPEAL : 09/30/2016 | |
| 2 | 10/03/2016 | ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning | |
| 3 | 10/04/2016 | Received Filing Fee | |
| 4 | 10/05/2016 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 10/05/2016 | Notice served on Monte L. Rogneby, Briana L. Hildebrand, David J. Smith, | |
| 6 | 10/05/2016 | Sheldon A. Smith, Tyler J. Malm, Daniel J. Frisk & Scott Financial Corporation | |
| 7 | 10/31/2016 | ELEC. RECORD ON APPEAL DATED OCTOBER 28, 2016 (ENTRY NOS.1-115) | |
| 8 | 11/14/2016 | MOTION TO DISMISS BY APPELLEE TIOGA READY MIX CO. - RspDue : 12/01/2016 | |
| 9 | 11/14/2016 | E-FILED MOTION | |
| 10 | 11/17/2016 | Response Filed to Motion to Dismiss | |
| 11 | 11/17/2016 | EFILED RESPONSE | |
| 12 | 11/17/2016 | ACTION BY CHIEF JUSTICE - Denied | |
| 13 | 11/17/2016 | MOT. EXT/TIME APPELLANT BRIEF | |
| 14 | 11/17/2016 | E-FILED MOTION | |
| 15 | 11/17/2016 | ACTION BY CHIEF JUSTICE - Granted : 12/19/2016 | |
| 16 | 11/17/2016 | MOTION FOR LEAVE TO FILE RULE 60(b) MOTION IN DISTRICT COURT BY APPELLANTS - RspDue : 12/04/2016 | |
| 17 | 11/17/2016 | E-FILED MOTION | |
| 18 | 11/25/2016 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 23, 2016 (ENTRY NOS.116 & 117) | |
| 19 | 12/05/2016 | Response Filed TO MOTION FOR LEAVE TO FILE RULE 60(b) MOTION IN DISTRICT COURT | |
| 20 | 12/05/2016 | EFILED RESPONSE | |
| 21 | 12/06/2016 | MOTION FOR Leave to File Reply Brief | |
| 22 | 12/06/2016 | E-FILED MOTION | |
| 23 | 12/06/2016 | Response to Appellants' Motion for Leave to File Reply Brief | |
| 24 | 12/06/2016 | ACTION BY CHIEF JUSTICE (motion for leave to file 60(b)) - Granted | |
| 25 | 12/06/2016 | NO ACTION TAKEN (motion for leave to file a reply brief) | |
| 26 | 12/06/2016 | ORDER OF REMAND | |
| 27 | 02/01/2017 | ELEC. RECORD ON APPEAL DATED JANUARY 31, 2017 (ENTRY NOS.1-133) (RE-FILING) | |
| 28 | 02/06/2017 | 2ND NOTICE OF APPEAL | |
| 29 | 02/06/2017 | ORDER FOR TRANSCRIPT : 02/07/2017 | |
| 30 | 02/06/2017 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 31 | 02/06/2017 | Notice served on Monte L. Rogneby, Briana L. Hildebrand, David J. Smith, | |
| 32 | 02/06/2017 | Sheldon A. Smith, Tyler J. Malm, Daniel J. Frisk & Scott Financial Corporation | |
| 33 | 02/06/2017 | MOT. EXT/TIME APPELLANT BRIEF | |
| 34 | 02/06/2017 | ACTION BY CLERK (Appellant brief due 30 days after service of transcripts) - Granted | |
| 35 | 02/08/2017 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 7, 2017 (ENTRY NOS.134-138) | |
| 36 | 02/14/2017 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 13, 2017 (ENTRY NOS.139-140) | |
| 37 | 02/17/2017 | ELECTRONIC TRANSCRIPT DATED JANUARY 30, 2017 & C.O.S. | |
| 38 | 02/23/2017 | Received C.O.S. serving TRA on Scott Financial from CR | |
| 39 | 03/20/2017 | APPELLANT BRIEF (PDF) | View |
| 40 | 03/20/2017 | E-FILED BRIEF (PDF) | |
| 41 | 03/20/2017 | APPELLANT APPENDIX | |
| 42 | 03/20/2017 | E-FILED APPENDIX | |
| 43 | 03/22/2017 | Received $25 e-filing surcharge & $38.50 ATA overage fee (Receipt #25149) | |
| 44 | 03/22/2017 | Received non-substantive corrections to ATB & ATA (title & nature of proceedings) | |
| 45 | 03/28/2017 | Received 6 copies of ATB from Central Duplicating | |
| 46 | 03/28/2017 | Received 6 copies of ATA from Central Duplicating | |
| 47 | 04/24/2017 | APPELLEE BRIEF (PDF) | View |
| 48 | 04/24/2017 | E-FILED BRIEF | |
| 49 | 04/25/2017 | Received $25 AEB e-filing surcharge (Receipt #25217) | |
| 50 | 04/26/2017 | Received 6 copies of AEB from Central Duplicating | |
| 51 | 05/08/2017 | REPLY BRIEF (PDF) | View |
| 52 | 05/08/2017 | E-FILED BRIEF (PDF) | |
| 53 | 05/09/2017 | Received 6 copies of RYB from Central Duplicating | |
| 54 | 05/22/2017 | NOTICE OF ORAL ARGUMENT SENT | |
| 55 | 05/23/2017 | Appellants' Letter of Supplemental Citation under N.D.R.App.P. 28(k) | |
| 56 | 05/25/2017 | SITTING WITH THE COURT : Herauf, William A. | |
| 57 | 06/05/2017 | Appellee's letter of supplemental citation under N.D.R.App.P. 28(k) | |
| 58 | 06/19/2017 | APPEARANCES: Monte Rogneby and Briana Hildebrand/Tyler Malm | |
| 59 | 06/19/2017 | ARGUED: Rogneby/Malm | |
| 60 | 06/19/2017 | ORAL ARGUMENT WEBCAST | |
| 61 | 08/23/2017 | ANNOUNCED DISQUALIFICATION : Jensen, Jon J. | |
| 62 | 09/01/2017 | DISPOSITION | |
| 63 | 09/01/2017 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 64 | 09/01/2017 | Costs on appeal taxed in favor of Appellant | |
| 65 | 09/01/2017 | Judgment Sent to Parties | |
| 66 | 09/25/2017 | MANDATE | |
| 67 | 10/31/2022 | EXPUNGED - Nonpermanent record items destroyed |