Hall v. Hall, et al.
Docket No. 20190169
Oral Argument:
Monday, January 27, 2020 2:45 PM
Docket Info
- Title
- Robert M. Hall, Plaintiff and Appellant
v.
Estate of John F. Hall and all unknown heirs,
devisees, sucessors, and creditors of Myles
Franklin Hall, Myles F. Hall, a/k/a Myles Hall,
deceased, and all other persons unknown claiming
any estate or interest in, or lien or encumbrance
upon, the property described in the Complaint, Defendants
and
Deborah E. Hall, Leslie Hall,
a/k/a Leslie Hall Butzer, Defendants and Appellees - Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
-
Case No. 2018-CV-00744
Northwest Judicial District, Williams County
Benjamen James Johnson
2020 ND 205950 N.W.2d 168
Oral Argument
1/27/2020
Highlight
A district court has greater liberty in granting motions under N.D.R.Civ.P. 60(b) when the matter involves a default judgment rather than a judgment following a full trial on the merits.
Res judicata, or claim preclusion, prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties or their privies.
A party appearing in an action in one capacity, individual or representative, is not thereby bound by or entitled to the benefits of the rules of res judicata in a subsequent action in which he appears in another capacity.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/28/2019 | NOTICE OF APPEAL : 05/28/2019 | |
| 2 | 05/31/2019 | Rec'd $125 filing fee | |
| 3 | 05/31/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 05/31/2019 | Notice served on Benjamin W. Keup, Zachary E. Pelham, William C. Black and John F. Hall | |
| 5 | 06/25/2019 | ELEC. RECORD ON APPEAL DATED JUNE 24, 2019 (ENTRY NOS.1-132) | |
| 6 | 07/08/2019 | APPELLANT BRIEF | View |
| 7 | 07/08/2019 | APPELLANT APPENDIX | |
| 8 | 07/08/2019 | Oral Argument Request by Appellant | |
| 9 | 07/11/2019 | Rec'd Surchg $112.00 ATA Overage (Receipt #27149) | |
| 10 | 07/17/2019 | Rec'd 6 copies of ATB & ATA from Central Duplicating | |
| 11 | 07/22/2019 | MOT. EXT/TIME APPELLEE BRIEF | |
| 12 | 07/23/2019 | ACTION BY CLERK - Granted : 09/06/2019 | |
| 13 | 07/30/2019 | Mail for John Hall Returned to Sender -- No mail receptacle - unable to forward | |
| 14 | 08/19/2019 | MOTION FOR TEMPORARY REMAND TO THE DISTRICT COURT (by Appellee) - RspDue : 09/03/2019 | |
| 15 | 08/20/2019 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 19, 2019 (ENTRY NOS. 134-143) | |
| 16 | 09/03/2019 | Response Filed to Motion for Temporary Remand | |
| 17 | 09/06/2019 | APPELLEE BRIEF | View |
| 18 | 09/09/2019 | AMENDED 1ST ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 9, 2019 (ENTRY NOS. 133-144) | |
| 19 | 09/09/2019 | Rec'd non-substantive corrections to AEB | |
| 20 | 09/10/2019 | Rec'd 6 copies of AEB from CSD | |
| 21 | 09/11/2019 | ACTION BY SUPREME COURT (remand) - Granted | |
| 22 | 09/12/2019 | ORDER OF REMAND | |
| 23 | 09/20/2019 | REPLY BRIEF | View |
| 24 | 09/25/2019 | Rec'd non-substantive correction to RYB (cert of compliance) | |
| 25 | 09/27/2019 | Rec'd 6 copies of RYB from CSD | |
| 26 | 10/11/2019 | ELEC. RECORD ON APPEAL DATED OCTOBER 10, 2019 (ENTRY NOS. 1-156) | |
| 27 | 10/23/2019 | Appealability Response from Appellant | |
| 28 | 10/23/2019 | Appealability Response from Appellees | |
| 29 | 11/18/2019 | NOTICE OF ORAL ARGUMENT SENT | |
| 30 | 11/22/2019 | AMENDED NOTICE OF APPEAL | |
| 31 | 11/22/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 32 | 11/22/2019 | Notice served on Benjamin W. Keup, Zachary E. Pelham, & William C. Black | |
| 33 | 11/22/2019 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 21, 2019 (ENTRY NOS. 157-167) | |
| 34 | 11/22/2019 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 22, 2019 (ENTRY NOS. 168-170) | |
| 35 | 12/06/2019 | SUPPLEMENTAL APPELLANT BRIEF | View |
| 36 | 12/06/2019 | Rec'd 6 copies of Supp ATB from CSD | |
| 37 | 12/20/2019 | NOTICE OF ORAL ARGUMENT SENT | |
| 38 | 12/20/2019 | SUPPLEMENTAL APPELLEE BRIEF | View |
| 39 | 12/20/2019 | Rec'd 6 copies of Supplemmental Appellee Brief back from CD | |
| 40 | 01/27/2020 | APPEARANCES: Benjamin W. Keup and Zachary E. Pelham/William C. Black | |
| 41 | 01/27/2020 | ARGUED: Zachary E. Pelham/William C. Black | |
| 42 | 01/27/2020 | ORAL ARGUMENT WEBCAST | |
| 43 | 10/21/2020 | DISPOSITION (and Remanded) | |
| 44 | 10/21/2020 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
| 45 | 10/21/2020 | By Order of the Court, costs to neither party | |
| 46 | 10/27/2020 | Judgment Sent to Parties | |
| 47 | 11/13/2020 | MANDATE |