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Forsman v. Blues Brews and Bar-B-Ques Inc., et al.

Docket No. 20170088
Oral Argument: Thursday, June 22, 2017 11:00 AM

Docket Info

Title
Carol Forsman, Creditor and Appellee
v.
Blues, Brews and Bar-B-Ques, Inc., dba Muddy
Rivers, and Amanda Espinoza, Debtors
and
United Fire & Casualty Company, Garnishee and Appellant
Case Type
CIVIL APPEAL : PERSONAL INJURY
Appeal From
Case No. 10-C-01291
Northeast Central Judicial District, Grand Forks County
Donald Hager
2017 ND 266903 N.W.2d 524
Oral Argument 6/22/2017

Highlight

Under a Miller-Shugart agreement and judgment, an insured defendant may stipulate for settlement of a plaintiff's claims and stipulate judgment may be collected only from the proceeds of any insurance policy, with no personal liability to the defendant. The stipulated judgment is not conclusive on the insurer.
While the burden of proof rests on a party claiming coverage under an insurance policy, the insurer has the burden of establishing the applicability of exclusions.
Summary judgment is a procedural device for the prompt resolution of a controversy on the merits without a trial if there are no genuine issues of material fact or inferences that can reasonably be drawn from undisputed facts, or if the only issues to be resolved are questions of law.

Briefs

Filing Date Description
04/19/2017 APPELLANT BRIEF (PDF) View
05/17/2017 APPELLEE BRIEF (PDF) View
05/31/2017 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE H Morrison Kershner - 04128
APPELLANT PRIVATE PRACTICE Kendra Elizabeth Olson - 08491
APPELLEE PRIVATE PRACTICE Craig E Johnson - 03670
APPELLEE PRIVATE PRACTICE Jared James Hines - 07624

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

Seq. # Filing Date Description Attachment
1 03/10/2017 NOTICE OF APPEAL : 03/10/2017
2 03/13/2017 Received Filing Fee
3 03/14/2017 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 03/14/2017 Notice served on H. Morrison Kershner, Kendra E. Olson, Jared J. Hines, Marianne O. Knudson
5 04/11/2017 ELEC. RECORD ON APPEAL DATED APRIL 10, 2017 (ENTRY NOS.1-10, 12-16, 18-65, 68-334).
6 04/11/2017 NOT REC'D WERE ENTRY NOS. 11, 66 & 67
7 04/19/2017 APPELLANT BRIEF (PDF) View
8 04/19/2017 E-FILED BRIEF (PDF)
9 04/19/2017 APPELLANT APPENDIX
10 04/19/2017 E-FILED APPENDIX
11 04/21/2017 Received $25 ATB e-filing surcharge & $48 ATA overage fee (Receipt # 25210)
12 04/24/2017 Received non-substantive corrections to ATB & ATA (title, ref to para number, brief dated)
13 04/25/2017 Received 6 copies of ATB from Central Duplicating
14 04/25/2017 Received 6 copies of ATA from Central Duplicating
15 05/17/2017 APPELLEE BRIEF (PDF) View
16 05/17/2017 E-FILED BRIEF (PDF)
17 05/17/2017 APPELLEE APPENDIX
18 05/17/2017 E-FILED APPENDIX
19 05/19/2017 Rec'd $25 e-filing surcharge for AEB (receipt #25262)
20 05/19/2017 Rec'd non-substantive corrections to AEB & aea (title, nat of proceedings, & cos on Blues)
21 05/22/2017 NOTICE OF ORAL ARGUMENT SENT
22 05/22/2017 Rec'd 6 copies of AEB & AEA from CSD
23 05/31/2017 REPLY BRIEF View
24 05/31/2017 E-FILED BRIEF
25 06/02/2017 Received non-substantive corrections to RYB
26 06/05/2017 Received 6 copies of RYB from CD
27 06/22/2017 APPEARANCES: Kendra Olson and H. Morrison Kershner/Craig Johnson and Jared Hines
28 06/22/2017 ARGUED: Olson/Johnson
29 06/22/2017 ORAL ARGUMENT WEBCAST
30 11/08/2017 ANNOUNCED DISQUALIFICATION : Jensen, Jon J.
31 11/08/2017 SITTING WITH THE COURT : Kapsner, Carol Ronning
32 11/16/2017 DISPOSITION (AND REMANDED)
33 11/16/2017 UNANIMOUS OPINION : Crothers, Daniel John View
34 11/16/2017 No costs on appeal awarded to either party
35 11/17/2017 Judgment Sent to Parties
36 12/08/2017 MANDATE
37 12/06/2022 EXPUNGED - Nonpermanent record items destroyed