Ramirez v. Houge, et al.

Docket No. 20190120
Oral Argument: Waived

Docket Info

Title
Fernando A. Ramirez, Plaintiff and Appellant
v.
Dave Houge, Defendant and Appellee
and
Rod Didier, Defendant
Case Type
CIVIL APPEAL : OTHER (Civil)
Appeal From
Case No. 2018-CV-00468
Southeast Judicial District, Stutsman County
Troy J LeFevre

Parties' Statement of Issues

  • Appellant

    1) After the Trial occurred, Ramirez realizes that the documents delivered by the counterpart as "DEFENDANT'S EXHIBIT" are false, mutilated and other missing.
    (a) Having Ramirez notified in a timely manner and with evidence.
    2) Was it the duty of the district court to have reviewed them, before ruling in favor of the defendants?
    (b) Has Ramirez been treated with discrimination?

  • Appellee 1

    I. Whether the district court erred in denying Ramirez’ claims against Houge and Didier.
    II. Whether Hogue is entitled to an award of costs and attorney fees against Ramirez for a frivolous appeal.


Summary

Fernando Ramirez appeals from a judgment denying his claims against Dave Houge and Rod Didier and awarding attorney’s fees, costs and disbursements to the defendants.

In July 2018, Ramirez commenced this action against Houge and Didier, alleging the defendants were responsible for the disappearance of and injuries to his cats. Ramirez requested the return of two specific cats, unspecified damages caused to another cat, and the sum of $20,000 for alleged costs for a fence he installed on his property. Houge and Didier denied Ramirez’s claims. In January 2019, the district court held a bench trial. The court subsequently entered findings of fact, conclusions of law, an order for judgment, and judgment, dismissing Ramirez’s claims and awarding attorney’s fees to Houge and costs and disbursements to both defendants after finding the claims were frivolous.

On appeal, Ramirez argues the district court erred in denying his claims against Houge and Didier. Houge requests an award of costs and attorney’s fees against Ramirez for a frivolous appeal.


Briefs

Filing Date Description
05/28/2019 APPELLANT BRIEF View
06/28/2019 APPELLEE BRIEF View
07/17/2019 REPLY BRIEF filed subject to the approval of the Court View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Lawrence P Kropp - 04222
APPELLANT PRO SE Fernando A. Ramirez

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

Seq. # Filing Date Description Attachment
1 04/10/2019 NOTICE OF APPEAL : 04/10/2019
2 04/10/2019 ORDER FOR TRANSCRIPT : 04/12/2019
3 04/11/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 04/11/2019 Notice served on Fernando A. Ramirez, Lawrence P. Kropp and Rod Didier
5 04/16/2019 ELECTRONIC TRANSCRIPT DATED JANUARY 24, 2019
6 04/16/2019 CERTIFICATE OF SERVICE FOR TRANSCRIPT DATED JANUARY 24, 2019
7 04/19/2019 STATEMENT OF PRELIMINARY ISSUES
8 04/24/2019 NOT. OF FILING STATEMENT OF PRELIMINARY ISSUES AND PROOF OF SERV.
9 04/24/2019 Notice served on Fernando A. Ramirez, Lawrence P. Kropp and Rod Didier
10 05/15/2019 ELEC. RECORD ON APPEAL DATED MAY 1, 2019 (ENTRY NOS. 1-52)(NOT SENT: 2, 18, 25)
11 05/28/2019 APPELLANT BRIEF View
12 05/28/2019 APPELLANT APPENDIX
13 05/29/2019 Rec'd service documents for ATB/ATA
14 06/28/2019 APPELLEE BRIEF View
15 07/02/2019 Rec'd non-substantive corrections to AEB
16 07/03/2019 Rec'd 6 copies of AEB from Central Duplicating
17 07/17/2019 REPLY BRIEF filed subject to the approval of the Court View
18 07/18/2019 Rec'd 6 copies of RYB from CSD
19 08/02/2019 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
20 09/19/2019 APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c)
21 09/19/2019 ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c)