Hall v. Hall, et al.
- Robert M. Hall, Plaintiff and Appellant
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
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
Parties' Statement of Issues
Robert M. Hall (“Hall”) is the son of Myles F. Hall (“Myles”). Hall purchased a non-participating royalty interest (“NPRI”) from Myles in 1988. The surface owner of the properties that the NPRI had been derived from attempted to reunite the NPRI with the surface in District Court for the Northwest Judicial District, Case No. 53-11-C-00120 (“prior case”). Although the surface owners in the prior case were initially successful, Hall prevailed in moving to have the judgment vacated. Hall then succeeded on summary judgment when the district court ruled that the Dormant Mineral Act (“DMA”), N.D.C.C. § 38-18.1, did not apply to non-participating royalty interests and that the NPRI had been used within the prior twenty years. The district court in the prior case did not address ownership of the NPRI, but only ruled on the inapplicability of the DMA. Should the Court reverse the district court’s decision that title to the NPRI amongst the parties to this case should have been decided in the prior case and was, therefore, res judicata?
Supplemental Issue of Appellant
Should this Court reverse the district court’s decision to vacate the default judgment as to John F. Hall, n/k/a Estate of John F. Hall?
Supplemental Issue of Appellee
Did the District Court abuse its discretion in vacating the Default Judgment entered against John F. Hall n/k/a The Estate of John F. Hall?
Robert Hall appeals after the district court granted the defendants’ summary judgment motion in an action to quiet title to a nonparticipating royalty interest (“NPRI”) in certain real property mineral interests and after the court vacated a default judgment against defendant John Hall.
Robert Hall alleges he purchased the NPRI at issue from his father, Myles Hall in 1988. Robert Hall asserts that as personal representative in a Minnesota probate of his father’s estate, he successfully defended a quiet title action on behalf of the Estate of Myles Hall that the surface owners brought under North Dakota’s Dormant Mineral Act. In that action the NPRI was restored in his father’s name. Although Myles Hall died in 1992, record title to the NPRI remained in his name because the conveyance to Robert Hall was never recorded.
In 2018, Robert Hall brought this quiet title action seeking the 1.04% NPRI be quieted in his name. Defendant Leslie Hall, aka Leslie Hall Butzer, file an answer and counterclaim. Robert Hall moved for partial default judgment against defendants Deborah Hall and John Hall. Defendant Deborah Hall filed an answer and counterclaim, and the district court subsequently denied default judgment against her. The court granted default judgment against John Hall.
In November 2018, defendants Leslie Hall and Deborah Hall moved for summary judgment, arguing collateral estoppel and res judicata barred Robert Hall’s case. Robert Hall opposed their motion and moved for summary judgment on defendants’ counterclaims. The court granted the defendants’ summary judgment motion and granted Robert Hall’s summary judgment motion on the counterclaims. In May 2019, Robert Hall appealed.
While the appeal was pending, the Estate of John Hall moved the district court to vacate the default judgment against John Hall and for temporary remand to decide the motion. The court subsequently granted the motion. After the parties stipulated to a final judgment, Robert Hall appealed the court’s order to vacate the default judgment.
On appeal, Robert Hall argues the district court erred in granting the defendants’ summary judgment motion because his claims are not barred by res judicata. He also contends the court abused its discretion in vacating the default judgment against John Hall.
(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)|
|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|
|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|
|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|