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
(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 |