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Barna, Guzy & Steffen, Ltd. v. Johnson, et al.

Docket No. 20170340
Oral Argument: Tuesday, June 26, 2018 10:00 AM

Docket Info

Title
Barna, Guzy, & Steffen, Ltd., Plaintiff and Appellee
v.
Bradley C. Johnson and Karol M. Johnson, Defendants and Appellants
and
Dale Kuhn, Patricia Kuhn, Amber Buchman, Karin Kuhn,
Samantha Kuhn, Western State Bank, and all persons
unknown, claiming any estate or interest in, or lien or
encumbrance upon, the real estate described in the Complaint, Defendants
Case Type
CIVIL APPEAL : FORECLOSURE
Appeal From
Case No. 2015-CV-00093
Northeast Judicial District, McHenry County
Anthony Swain Benson
2018 ND 205916 N.W.2d 811
Oral Argument 6/26/2018

Highlight

Conclusory allegations in a brief, without citation to any evidence in the record to support the contentions, are insufficient to raise a genuine issue of material fact to defeat summary judgment or to show the district court abused its discretion in denying a motion for relief from judgment.

Courts do not apply statutes or rules differently when parties are self-represented.

Several contracts relating to the same matter between the same parties and made a part of substantially one transaction must be construed together


Briefs

Filing Date Description
03/24/2018 APPELLANT BRIEF (PDF) View
04/18/2018 APPELLEE BRIEF (PDF) View
04/30/2018 REPLY BRIEF (PDF) View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Mark Richard Hanson - 04697
APPELLEE PRIVATE PRACTICE Peter Asmund Hvidston - 08485
APPELLANT PRO SE Bradley C. Johnson
APPELLANT PRO SE Karol Johnson

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

Seq. # Filing Date Description Attachment
1 09/12/2017 NOTICE OF APPEAL : 09/12/2017
2 09/12/2017 PETITION TO STAY EXECUTION SALE PENDING RULE 60 HEARING AND SUPREME COURT APPEAL
3 09/12/2017 ANNOUNCED DISQUALIFICATION : Crothers, Daniel John
4 09/15/2017 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 09/15/2017 Notice served on Bradley C. Johnson, Mark R. Hanson, Benjamin J. Williams, Michael S. McIntee,
6 09/15/2017 Western State Bank & Karol Johnson
7 09/15/2017 Order for Transcript (Transmitted to CR on 9/18/17)
8 09/19/2017 NOTICE OF APPEAL (Karol Johnson)
9 09/19/2017 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
10 09/19/2017 Notice served on Bradley C. Johnson & Karol Johnson, Mark R. Hanson, Benjamin J. Williams,
11 09/19/2017 Western State Bank & Michael S. McIntee
12 09/21/2017 ACTION BY SUPREME COURT (stay) - Denied
13 09/25/2017 MOTION FOR Remand (letter dated September 24, 2017)
14 09/26/2017 ACTION BY CHIEF JUSTICE - Granted
15 09/26/2017 ORDER OF REMAND
16 09/26/2017 Appellate briefing schedule stayed
17 09/28/2017 Received copy of the transcript dated March 17, 2017 from CR (doc.#301 in ODY)
18 12/11/2017 MOT. EXT/TIME APPELLANT BRIEF (sua sponte due to remand)
19 12/11/2017 ACTION BY CLERK (sua sponte due to remand) - Granted : 01/10/2018
20 12/11/2017 ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 8, 2017 (entry nos. 1-352) (Re-filed)
21 12/15/2017 2ND NOTICE OF APPEAL (only signed by Bradley Johnson)
22 12/15/2017 2ND ORDER FOR TRANSCRIPT : 12/18/2017
23 12/15/2017 ATB due 40 days after the filing of the transcript ordered
24 12/15/2017 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
25 12/15/2017 Notice served on Bradley C. Johnson & Karol Johnson, Mark R. Hanson, Benjamin J. Williams,
26 12/15/2017 Western State Bank & Karol Johnson
27 01/18/2018 1ST ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 18, 2018 (ENTRY NOS.353-358)
28 02/13/2018 ELECTRONIC TRANSCRIPT DATED NOVEMBER 7, 2017 & C.O.S. (2ND OTR)
29 03/22/2018 2ND ELEC. SUPP. RECORD ON APPEAL DATED MARCH 21, 2018 (ENTRY NOS. 359-361)
30 03/24/2018 APPELLANT BRIEF (PDF) View
31 03/24/2018 E-FILED BRIEF (PDF)
32 03/24/2018 Received non-compliant Appellant's Appendix
33 03/31/2018 Received C.O.S. for ATA (Flash Drive via U.S. Mail)
34 04/02/2018 Received $25 e-filing surcharge (Receipt #26027)
35 04/05/2018 Received ATA via U.S. Mail (1 Flash drive only)
36 04/05/2018 APPELLANT APPENDIX
37 04/05/2018 DISK (Flash drive only)
38 04/06/2018 Received 6 copies of ATB from Central Duplicating
39 04/09/2018 Received $72 ATA overage fee (Receipt #26048)
40 04/11/2018 Received 6 copies of ATA from Central Duplicating
41 04/18/2018 APPELLEE BRIEF (PDF) View
42 04/18/2018 E-FILED BRIEF
43 04/18/2018 APPELLEE APPENDIX
44 04/18/2018 E-FILED APPENDIX
45 04/20/2018 Received AEB $25 e-filiing surcharge (Receipt #26091)
46 04/20/2018 Received 6 copies of AEB from Central Duplicating
47 04/20/2018 Received 6 copies of AEA from Central Duplicating
48 04/30/2018 REPLY BRIEF (PDF) View
49 04/30/2018 E-FILED BRIEF
50 05/02/2018 Received 6 copies of RYB from Central Duplicating
51 05/29/2018 NOTICE OF ORAL ARGUMENT SENT
52 05/31/2018 SITTING WITH THE COURT : Kapsner, Carol Ronning
53 06/26/2018 APPEARANCES: Bradley C. Johnson; Karol Johnson, and Mark R. Hanson
54 06/26/2018 ARGUED: Bradley C. Johnson and Mark R. Hanson
55 06/26/2018 ORAL ARGUMENT WEBCAST
56 08/28/2018 DISPOSITION (Affirmed as Modified)
57 08/28/2018 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
58 08/28/2018 Costs on appeal taxed in favor of Appellee
59 08/30/2018 Judgment Sent to Parties
60 09/26/2018 MANDATE
61 09/11/2023 EXPUNGED - Nonpermanent record items destroyed