Twete v. Mullin, et al.
Docket No. 20170450
Oral Argument:
Thursday, January 10, 2019 9:30 AM
Docket Info
- Title
- Richard S. Twete, Plaintiff and Appellee
v.
Clinton R. Mullin, Valrena M. Nelson, Defendants and Appellants
and
Farm Credit Service of North Dakota FLCA, Hurley
Oil Properties, Inc., Bill Seerup, and all
other persons unknown claiming any estate or
interest in, or lien or encumbrance upon the
property described in the Complaint whether as
an heir, devisee, legatee, creditor, or personal
representative of a deceased person or under any
other title of interest, Defendants - Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
-
Case No. 2015-CV-00018
Northwest Judicial District, Divide County
Paul W. Jacobson
2019 ND 184931 N.W.2d 198
Oral Argument
1/10/2019
Highlight
A district court’s denial of a motion for new trial is reviewed for an abuse of discretion.
A court abuses its discretion if it acts in an arbitrary, unreasonable, or unconscionable manner; its decision is not the product of a rational mental process leading to a reasoned determination; or it misinterprets or misapplies the law.
Unopposed jury instructions become the law of the case. A party on appeal cannot complain about error that is of their own making.
A district court considering a new trial motion based on insufficiency of the evidence may not substitute its own judgment for that of the jury, or act as a thirteenth juror when the evidence is such that different persons would naturally and fairly come to different conclusions, but may set aside a jury verdict when, in considering and weighing all the evidence, the court’s judgment tells it the verdict is wrong because it is manifestly against the weight of the evidence.
Absent statutory or contractual authority, the American Rule assumes parties to a lawsuit bear their own attorney fees.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 12/15/2017 | NOTICE OF APPEAL : 12/15/2017 | |
| 2 | 12/15/2017 | ORDER FOR TRANSCRIPT : 12/19/2017 | |
| 3 | 12/18/2017 | Received filing fee | |
| 4 | 12/19/2017 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 12/19/2017 | Notice served on Claire L. Smith, Steven J. Leibel, Samuel G. Larson, Adam M. Olschlager | |
| 6 | 12/19/2017 | Richard P. Olson & Ryan G. Quarne | |
| 7 | 12/21/2017 | Briefing Stayed | |
| 8 | 01/08/2018 | Affidavit of Nicholas Bullard in Support of Admission to Practice Pro Hac Vice | |
| 9 | 01/08/2018 | Affidavit of Andrew Holly in Support of Admission to Practice Pro Hac Vice | |
| 10 | 01/08/2018 | Affidavit of Timothy Droske in Support of Admission to Practice Pro Hac Vice | |
| 11 | 01/16/2018 | ELEC. RECORD ON APPEAL DATED JANUARY 12, 2018 (ENTRY NOS.1-343 & 346-448) (NOT SENT 344 & 345) | |
| 12 | 02/01/2018 | ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 31, 2018 (ENTRY NOS. 449-454) | |
| 13 | 02/14/2018 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 13, 2018 (ENTRY NOS.455-460) | |
| 14 | 02/14/2018 | ELECTRONIC TRANSCRIPTS DATED MARCH 21, 2017 | |
| 15 | 02/14/2018 | ELECTRONIC TRANSCRIPT DATED APRIL 3, 2017 (chambers session) | |
| 16 | 02/14/2018 | ELECTRONIC TRANSCRIPT DATED APRIL 3, 2017 (jury trial) | |
| 17 | 02/14/2018 | ELECTRONIC TRANSCRIPT DATED APRIL 4, 2017 | |
| 18 | 02/14/2018 | ELECTRONIC TRANSCRIPT DATED APRIL 5, 2017 (chambers session) | |
| 19 | 02/14/2018 | ELECTRONIC TRANSCRIPT DATED APRIL 5, 2017 (jury trial) | |
| 20 | 02/14/2018 | ELECTRONIC TRANSCRIPT DATED APRIL 6, 2017 (chambers session) | |
| 21 | 02/14/2018 | ELECTRONIC TRANSCRIPT DATED APRIL 6, 2019 (jury trial) | |
| 22 | 02/14/2018 | ELECTRONIC TRANSCRIPT DATED APRIL 7, 2017 (chambers session) | |
| 23 | 02/14/2018 | ELECTRONIC TRANSCRIPT DATED APRIL 7, 2017 (jury trial) | |
| 24 | 02/14/2018 | ELECTRONIC TRANSCRIPT DATED JUNE 12, 2017 | |
| 25 | 02/28/2018 | ORDER OF REMAND | |
| 26 | 02/28/2018 | Briefing Stayed Pending Remand | |
| 27 | 02/28/2018 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED February 27, 2018 (ENTRY NOS. 462-487) | |
| 28 | 07/13/2018 | 4TH ELEC. SUPP. RECORD ON APPEAL DATED JULY 12, 2018 (ENTRY NOS. 488-532) | |
| 29 | 07/13/2018 | MOT. EXT/TIME APPELLANT BRIEF (SUA SPONTE DUE TO REMAND) | |
| 30 | 07/13/2018 | ACTION BY CLERK (SUA SPONTE DUE TO REMAND) - Granted : 08/13/2018 | |
| 31 | 07/16/2018 | AMENDED NOTICE OF APPEAL | |
| 32 | 07/17/2018 | NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERV. | |
| 33 | 07/17/2018 | Notice served on Claire L. Smith, Andrew Holly, Tim Droske, Nicholas Bullard, Steven J. Leibel, | |
| 34 | 07/17/2018 | & Samuel G. Larson | |
| 35 | 07/18/2018 | ELEC. SUPP. RECORD ON APPEAL DATED JULY 17, 2018 (ENTRY NOS. 533-536) | |
| 36 | 07/25/2018 | STAY PENDING BANKRUPTCY | |
| 37 | 09/13/2018 | Order of Bankruptcy Court allowing this appeal to proceed | |
| 38 | 09/18/2018 | MOT. EXT/TIME APPELLANT BRIEF (sua sponte) | |
| 39 | 09/18/2018 | ACTION BY CLERK - Granted : 09/28/2018 | |
| 40 | 09/27/2018 | APPELLANT BRIEF | View |
| 41 | 09/27/2018 | E-FILED BRIEF (PDF) | |
| 42 | 09/27/2018 | APPELLANT APPENDIX | |
| 43 | 09/27/2018 | E-FILED APPENDIX | |
| 44 | 10/03/2018 | Rec'd $101.50 e-filing surcharge for ATB & ATA (receipt #26616) | |
| 45 | 10/05/2018 | Rec'd non-substantive corrections to ATB & ATA (title, nature of proceedings) | |
| 46 | 10/09/2018 | Rec'd non-substantive corrections to ATB (toa ref pg #s) | |
| 47 | 10/11/2018 | Rec'd 6 copies of ATB from CSD | |
| 48 | 10/12/2018 | Rec'd 6 copies of ATA from CSD | |
| 49 | 10/26/2018 | APPELLEE BRIEF | View |
| 50 | 10/26/2018 | E-FILED BRIEF (PDF) | |
| 51 | 10/31/2018 | Rec'd $25 e-filing surcharge for AEB (RECEIPT #26698) | |
| 52 | 11/02/2018 | Rec'd 6 copies of AEB back from Central Duplicating | |
| 53 | 11/09/2018 | REPLY BRIEF | View |
| 54 | 11/09/2018 | E-FILED BRIEF (PDF) | |
| 55 | 11/13/2018 | Rec'd 6 copies of RYB from Central Duplicating | |
| 56 | 12/17/2018 | NOTICE OF ORAL ARGUMENT SENT | |
| 57 | 01/07/2019 | MOTION TO EXCUSE ASSOCIATE ATTORNEY CLAIRE SMITH FROM ORAL ARGUMENT | |
| 58 | 01/07/2019 | E-FILED MOTION | |
| 59 | 01/08/2019 | ACTION BY SUPREME COURT - Granted | |
| 60 | 01/10/2019 | APPEARANCES: Andrew Holly; Nicholas Bullard; Steven J. Leibel | |
| 61 | 01/10/2019 | ARGUED: Andrew Holly; Steven J. Leibel | |
| 62 | 01/10/2019 | ORAL ARGUMENT WEBCAST | |
| 63 | 07/11/2019 | DISPOSITION (and Remanded) | |
| 64 | 07/11/2019 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
| 65 | 07/11/2019 | By Order of the Court, costs to neither party | |
| 66 | 07/12/2019 | Judgment Sent to Parties | |
| 67 | 08/02/2019 | MANDATE |