Botteicher, et al. v. Becker, et al.
Docket No. 20170386
Oral Argument:
Wednesday, March 28, 2018 10:45 AM
Docket Info
- Title
- Sandy Botteicher Plaintiff and Appellant
and
Alexandra Botteicher, Plaintiff
v.
Pam Becker and Darwin Becker, Defendants and Appellees
and
St. Benedict's Health Center, Defendant - Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
-
Case No. 2017-CV-00095
Southwest Judicial District, Stark County
Dann Edward Greenwood
2018 ND 111910 N.W.2d 861
Oral Argument
3/28/2018
Highlight
Res judicata prevents the litigation of claims that were raised, or could have been raised, in a prior action between the same parties or their privies and were resolved by a final judgment in a court of competent jurisdiction.
The failure to file an appeal from a final decree of distribution within the time specified bars a party to the proceedings from attacking the final decree of distribution if he received notice of the distribution hearing.
Whether the threshold of extreme and outrageous conduct has been met to establish intentional infliction of emotional distress is a question of law for the court to decide.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 10/31/2017 | NOTICE OF APPEAL : 10/31/2017 | |
| 2 | 11/02/2017 | Received $125 filing fee | |
| 3 | 11/02/2017 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 11/02/2017 | Notice served on Theresa L. Kellington, Randall N. Sickler, & Sean O. Smith | |
| 5 | 11/08/2017 | MOTION TO DISMISS FILED BY APPELLEES PAM AND DARWIN DECKER - RspDue : 11/24/2017 | |
| 6 | 11/08/2017 | E-FILED MOTION | |
| 7 | 11/29/2017 | ACTION BY SUPREME COURT - Denied | |
| 8 | 11/22/2017 | Response Filed to Motion to Dismiss & in the alternative motion for extension of time | |
| 9 | 11/28/2017 | ELEC. RECORD ON APPEAL DATED NOVEMBER 27, 2017 (ENTRY NOS.1-88) | |
| 10 | 11/28/2017 | AMENDED ELEC. RECORD ON APPEAL DATED NOVEMBER 27, 2017 (ENTRY NOS.1-90) | |
| 11 | 11/29/2017 | Reply to Response to Dismiss | |
| 12 | 12/04/2017 | MOT. EXT/TIME APPELLANT BRIEF | |
| 13 | 12/04/2017 | E-FILED MOTION | |
| 14 | 12/05/2017 | ACTION BY CLERK - Granted : 01/10/2018 | |
| 15 | 01/10/2018 | APPELLANT BRIEF (PDF) (Amended Appellant's Brief filed January 17, 2018 | |
| 16 | 01/10/2018 | E-FILED BRIEF (PDF) | |
| 17 | 01/10/2018 | APPELLANT APPENDIX | |
| 18 | 01/10/2018 | E-FILED APPENDIX | |
| 19 | 01/17/2018 | AMENDED APPELLANT BRIEF (PDF) | View |
| 20 | 01/17/2018 | E-FILED BRIEF (PDF) | |
| 21 | 01/19/2018 | Rec'd $83 e-filing surcharge for ATB & ATA (receipt #25874) | |
| 22 | 01/24/2018 | MOT. EXT/TIME APPELLANT BRIEF | |
| 23 | 01/24/2018 | ACTION BY CLERK - Granted : 01/17/2018 | |
| 24 | 01/24/2018 | Rec'd 6 copies of ATB & ATA from CSD | |
| 25 | 02/16/2018 | APPELLEE BRIEF (PDF) | View |
| 26 | 02/16/2018 | E-FILED BRIEF (PDF) | |
| 27 | 02/20/2018 | Rec'd 6 copies of AEB from CSD | |
| 28 | 02/21/2018 | NOTICE OF ORAL ARGUMENT SENT | |
| 29 | 02/22/2018 | Rec'd $25 e-filing surcharge for AEB | |
| 30 | 03/15/2018 | AMENDED NOTICE OF ORAL ARGUMENT SENT (rescheduled time) | |
| 31 | 03/16/2018 | 2nd Amended NOTICE OF ORAL ARGUMENT SENT (rescheduled time to 10:45 a.m.) | |
| 32 | 03/28/2018 | APPEARANCES: Sandy Botteicher/Allison Mann and Randall Sickler | |
| 33 | 03/28/2018 | ARGUED: Waived under N.D.R.App.P. 34(e) for Appellant/Allison Mann for Appellee | |
| 34 | 03/28/2018 | ORAL ARGUMENT WEBCAST | |
| 35 | 05/08/2018 | DISPOSITION | |
| 36 | 05/08/2018 | UNANIMOUS OPINION : Jensen, Jon J. | View |
| 37 | 05/08/2018 | Costs taxed in favor of Appellee | |
| 38 | 05/09/2018 | Judgment Sent to Parties | |
| 39 | 05/16/2018 | Amended Judgment Sent to Parties | |
| 40 | 06/12/2018 | MANDATE | |
| 41 | 06/09/2023 | EXPUNGED - Nonpermanent record items destroyed |