Avila v. Weaver, et al.
Docket No. 20180111
Oral Argument:
Thursday, December 13, 2018 1:30 PM
Docket Info
- Title
- Irene Avila, Plaintiff and Appellee
v.
Maria G. Weaver, a.k.a. Maria G. Berlin,
and William G. Berlin, Defendants and Appellants - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 2016-CV-00156
Southeast Judicial District, Richland County
Bradley Allen Cruff
2019 ND 20921 N.W.2d 450
Oral Argument
12/13/2018
Highlight
If a post-trial motion does not require the amendment of the judgment, N.D.R.App.P. 4(a)(3) applies and the time for appeal begins upon service of the notice of the order disposing of the motion.
Where the order disposing of the motion necessitates the entry of an amended judgment, N.D.R.App.P. 4(a)(1) applies and the time for appeal begins upon the service of the notice of the entry of the amended judgment.
An initial judgment did not foreclose on an award of attorney fees under N.D.R.Civ.P. 54(e)(3).
This Court does not consider questions that were not presented to the district court and that are raised for the first time on appeal.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 03/15/2018 | NOTICE OF APPEAL (NON-COMPLIANT) | |
| 2 | 03/15/2018 | ORDER FOR TRANSCRIPT : 03/29/2018 | |
| 3 | 03/19/2018 | AMENDED NOTICE OF APPEAL W/ COS : 03/19/2018 | |
| 4 | 03/21/2018 | MOTION TO WAIVE FILING FEE ON APPEAL BY Maria G. Weaver, a.k.a. Maria G. Berlin | |
| 5 | 03/21/2018 | E-FILED MOTION | |
| 6 | 03/21/2018 | MOTION TO WAIVE FILING FEE ON APPEAL BY Willaim G. Berlin | |
| 7 | 03/21/2018 | E-FILED MOTION | |
| 8 | 03/22/2018 | ACTION BY CHIEF DEPUTY CLERK - Denied | |
| 9 | 03/22/2018 | ACTION BY CHIEF DEPUTY CLERK - Denied | |
| 10 | 03/27/2018 | Rec'd $125 filing fee (receipt #26014) | |
| 11 | 03/27/2018 | NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERV. | |
| 12 | 03/27/2018 | Notice served on Erica Chisholm and Jonathan Green | |
| 13 | 04/13/2018 | ELEC. RECORD ON APPEAL DATED APRIL 12, 2018 (ENTRY NOS.1-185) | |
| 14 | 05/07/2018 | Notice from Cindy Keller that preparation of the transcript is suspended due to non-payment | |
| 15 | 05/10/2018 | S.Ct. Not. of Dismissal/Failure to Proceed - RspDue : 05/21/2018 | |
| 16 | 05/10/2018 | ELEC. SUPP. RECORD ON APPEAL DATED May 9, 2018 (ENTRY NOS. 186 & 187) | |
| 17 | 05/14/2018 | NO ACTION TAKEN | |
| 18 | 05/14/2018 | Payment for TRA rec'd by Court Reporter, prep, of Transcript resumed | |
| 19 | 05/14/2018 | MOT. EXT/TIME TRANSCRIPT | |
| 20 | 05/14/2018 | E-FILED MOTION | |
| 21 | 05/14/2018 | ACTION BY CHIEF JUSTICE (ATB due 30 days after filing TRA) - Granted : 06/25/2018 | |
| 22 | 06/29/2018 | ELECTRONIC TRANSCRIPTS DATED June 27, 2017 - 2 volumes & C.O.S. | |
| 23 | 07/02/2018 | Rec'd correction to TRA (Rec'd vol 1 w/pgs 1-142, Vol 1 was initially rec'd as hrg in its entirety) | |
| 24 | 07/03/2018 | MOT. EXT/TIME APPELLANT BRIEF (sua sponte) (ATB due 30 days after filing TRA) | |
| 25 | 07/03/2018 | ACTION BY SUPREME COURT (sua sponte) (ATB due 30 days after filing TRA) - Granted : 07/29/2018 | |
| 26 | 07/23/2018 | MOT. EXT/TIME APPELLANT BRIEF | |
| 27 | 07/23/2018 | E-FILED MOTION | |
| 28 | 07/23/2018 | ACTION BY CHIEF JUSTICE - Granted : 08/13/2018 | |
| 29 | 08/13/2018 | APPELLANT BRIEF | View |
| 30 | 08/13/2018 | E-FILED BRIEF (PDF) | |
| 31 | 08/13/2018 | APPELLANT APPENDIX | |
| 32 | 08/13/2018 | E-FILED APPENDIX | |
| 33 | 08/20/2018 | Rec'd 6 copies of ATB and ATA from Central Duplicating | |
| 34 | 09/04/2018 | Recv's $25 surcharge for ATB (receipt # 26555) | |
| 35 | 09/12/2018 | APPELLEE BRIEF | View |
| 36 | 09/12/2018 | E-FILED BRIEF (PDF) | |
| 37 | 09/12/2018 | APPELLEE APPENDIX | |
| 38 | 09/13/2018 | MOTION TO DISMISS BY APPELLEE | |
| 39 | 09/13/2018 | E-FILED MOTION | |
| 40 | 09/17/2018 | Rec'd $25.00 surcharge for AEB (reciept #26588) | |
| 41 | 09/19/2018 | Motion to Dismiss To Be Heard With the Merits | |
| 42 | 09/19/2018 | Rec'd 6 copies of AEB back from Central Duplicating | |
| 43 | 09/19/2018 | Rec'd 6 copies of AEA back from Central Duplicating | |
| 44 | 09/27/2018 | Response Filed to Motion to Dismiss | |
| 45 | 09/27/2018 | EFILED RESPONSE | |
| 46 | 11/14/2018 | NOTICE OF ORAL ARGUMENT SENT | |
| 47 | 11/29/2018 | REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLANT | |
| 48 | 11/29/2018 | E-FILED MOTION | |
| 49 | 11/30/2018 | ACTION BY SUPREME COURT - Denied | |
| 50 | 12/10/2018 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 7, 2018 (ENTRY NOS. 188-190) | |
| 51 | 12/13/2018 | APPEARANCES: Erica L. Chisholm; Jonathan L. Green | |
| 52 | 12/13/2018 | ARGUED: Erica L. Chisholm; Jonathan L. Green | |
| 53 | 12/13/2018 | ORAL ARGUMENT WEBCAST | |
| 54 | 01/15/2019 | DISPOSITION | |
| 55 | 01/15/2019 | UNANIMOUS OPINION : Jensen, Jon J. | View |
| 56 | 01/15/2019 | Costs taxed in favor of Appellee | |
| 57 | 01/15/2019 | ACTION BY SUPREME COURT (Motion to Dismiss) - Denied | |
| 58 | 01/18/2019 | Judgment Sent to Parties | |
| 59 | 02/18/2019 | MANDATE |