Beach Railport, LLC v. Michels, et al.
Docket Info
- Title
- Beach Railport, LLC, Plaintiff and Appellee
v.
Donnell F. Michels and Jeanne Michels,
Husband and Wife, Defendants and Appellants
----------
Donnell F. Michels and Jeanne Michels,
Husband and Wife, Third-Party Plaintiffs
and Appellants
v.
North Dakota Guarantee and Title Company, A
North Dakota Corporation, doing business as
Dickinson Guarantee and Title Company, Third-Party Defendant - Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
-
Case No. 2015-CV-00021
Southwest Judicial District, Golden Valley County
Dann Edward Greenwood
Highlight
District courts have wide judicial discretion in partition actions to do equity and to make a fair and just division of the property or proceeds between the parties, and great flexibility in fashioning appropriate relief for the parties.
A partition report of the referees, appointed under the statutes governing partition, is only a proposal for the district court's consideration. The court may confirm, change, modify, or set aside the report and, if necessary, may appoint new referees.
When a party makes a substantiated claim of factual or legal error in a referee partition report, due process protections and equitable concerns require the district court to hold a hearing to weigh the objections against the report and decide whether the report equitably divides the real property before confirming, changing, or modifying the report.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 12/30/2016 | NOTICE OF APPEAL : 12/30/2016 | |
2 | 12/30/2016 | ORDER FOR TRANSCRIPT : 01/17/2017 | |
3 | 01/03/2017 | Received filing fee | |
4 | 01/03/2017 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
5 | 01/03/2017 | Notice served on Lawrence Bender, Spencer D. Ptacek and Ronald S. Efta | |
6 | 01/27/2017 | ELEC. RECORD ON APPEAL DATED JANUARY 26, 2017 (ENTRY NOS.1-169) | |
7 | 03/14/2017 | Notice served on Erin P.B. Zasada | |
8 | 03/17/2017 | ELECTRONIC TRANSCRIPT DATED OCTOBER 17, 2016 & C.O.S. | |
9 | 03/21/2017 | Received CR's Cert for TRA dated October 17, 2016 | |
10 | 04/26/2017 | APPELLANT BRIEF (PDF) | View |
11 | 04/26/2017 | E-FILED BRIEF | |
12 | 04/26/2017 | APPELLANT APPENDIX | |
13 | 04/26/2017 | E-FILED APPENDIX | |
14 | 04/27/2017 | Received non-substantive corrections to ATB & ATA | |
15 | 04/28/2017 | Received $25 e-filing surcharge for ATB (Receipt #25231) | |
16 | 05/02/2017 | Rec'd copies of ATB & ATA from Central Duplicating | |
17 | 05/22/2017 | NOTICE OF ORAL ARGUMENT SENT | |
18 | 05/30/2017 | APPELLEE BRIEF (PDF) | View |
19 | 05/30/2017 | E-FILED BRIEF (PDF) | |
20 | 05/30/2017 | APPELLEE SUPPLEMENTAL APPENDIX | |
21 | 05/30/2017 | E-FILED SUPPLEMENTAL APPENDIX | |
22 | 06/05/2017 | Rec'd $28.00 (receipt # 25287) and $13.50 (receipt #25293) Total $41.50 | |
23 | 06/05/2017 | Rec'd confirmation from Appellee-AEA page 1 thru 4 were intentionally omitted from appendix | |
24 | 06/06/2017 | Rec'd 6 copies of AEB and 6 copies of ATA from CSD? | |
25 | 06/13/2017 | REPLY BRIEF (PDF) | View |
26 | 06/14/2017 | E-FILED BRIEF (PDF) | |
27 | 06/14/2017 | Received 6 copies of RYB from Central Duplicating | |
28 | 06/26/2017 | APPEARANCES: Lawrence Bender, Spencer D. Ptacek, Erin P.B. Zasada | |
29 | 06/26/2017 | ARGUED: Spencer D. Ptacek, Erin P.B. Zasada | |
30 | 06/26/2017 | ORAL ARGUMENT WEBCAST | |
31 | 10/10/2017 | ANNOUNCED DISQUALIFICATION : Jensen, Jon J. | |
32 | 10/10/2017 | SITTING WITH THE COURT : Kapsner, Carol Ronning | |
33 | 10/17/2017 | DISPOSITION | |
34 | 10/17/2017 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
35 | 10/17/2017 | Costs on appeal taxed in favor of Appellant | |
36 | 10/18/2017 | Judgment Sent to Parties | |
37 | 11/08/2017 | MANDATE | |
38 | 10/28/2022 | EXPUNGED - Nonpermanent record items destroyed |