Brossart, et al. v. Janke, et al.
- Rodney Brossart, Susan Brossart and
Thomas Brossart, Plaintiffs and Appellants
Kelly Janke, Individually and in his
Official Capacity as Sheriff for
Nelson County, Eric Braathen,
Individually and in his Official
Capacity as Deputy Sheriff for
Nelson County, and Nelson County,
North Dakota, Defendants and Appellees
- Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
Case No. 2017-CV-00059
Northeast Central Judicial District, Nelson County
Lolita G. Hartl Romanick
Parties' Statement of Issues
The following issues are presented for review by the Court: 1. Did the lower court misapply the law in this case regarding the enforcement of a foreign judgment?
2. Whether the lower court misinterpreted the law regarding the number of interrogatories, including subparts, in its Order granting a motion to compel?
3. Did the district court abuse its discretion by awarding attorney fees after granting a motion to compel?
a. Whether a state district court may vacate or alter a monetary judgment originally entered in a United States District Court?
b. Whether Notice of Entry of Foreign Judgment given more than 14 days after entry under N.D.C.C. § 28-20.1-03(2) renders the judgment invalid?
c. Whether the trial court abused its discretion in determining that Brossarts’Motion for Relief from Judgment was frivolous?
d. Whether the trial court abused its discretion in determining that Interrogatories in Aid of Judgment or Execution served by the judgment creditor were within the limits established by the North Dakota Rules of Civil Procedure?
e. Whether Brossarts’ appeal is frivolous warranting an award of attorney’s fees and costs?
Rodney, Susan, and Thomas Brossart appeal from a district court order denying Brossarts’ motion for relief from judgment and granting defendants’ motion to compel answers to interrogatories and awarding attorney’s fees.
In 2014, the Brossarts’ filed lawsuit in federal district court alleging claims under 42 U.S.C. § 1983 as well as state law claims. The federal district court entered summary judgment dismissing the Brossarts’ claims. In May 2016, the federal district court entered judgment awarding defendants $8,153.08 in costs related to the federal litigation. On September 12, 2017, defendants filed the federal judgment in Nelson County, North Dakota. On October 5, 2017, notice of the filing of the foreign judgment was electronically served on the attorney who represented the Brossarts in the federal lawsuit. On February 1, 2019, defendants served the Brossarts with interrogatories in aid of execution on the judgment. On May 6, after Brossarts refused to answer the interrogatories, the defendants filed a motion to compel answers to the interrogatories. On May 7, the Brossarts filed a motion for relief from judgment. On May 10, the clerk of court servied notice of the filing of the foreign judgment on Brossarts. After a hearing, the district court issued its order denying Brossarts’ motion and granting defendants’ motion and awarding the defednants attorney’s fees.
On appeal, the Brossarts argue the district court abused its discretion in granting the defendants’ motion and awarding attorneys fees because they were not properly served with notice of the filing of the foreign judgment under the Uniform Enforcement of Foreign Judgments Act.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||08/02/2019||NOTICE OF APPEAL w/ Order for Transcript : 08/02/2019|
|2||08/02/2019||ORDER FOR TRANSCRIPT (included in Notice of Appeal) : 08/14/2019|
|3||08/09/2019||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||08/09/2019||Notice served on Timothy C. Lamb and Howard D. Swanson|
|5||08/13/2019||AMENDED ORDER FOR TRANSCRIPT|
|6||09/04/2019||ELEC. RECORD ON APPEAL DATED SEPTEMBER 3, 2019 (ENTRY NOS. #1-#2, AND #4-#82)(Not rec'd #3)|
|7||09/09/2019||ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 6, 2019 (ENTRY NOS. #83 - #86)|
|8||09/18/2019||ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 17, 2019 (ENTRY NOS. #87 & #88)|
|9||09/26/2019||MOTION FOR STAY w/ exhibit|
|10||09/27/2019||ACTION BY SUPREME COURT - Denied|
|11||10/10/2019||ELECTRONIC TRANSCRIPT DATED JULY 8, 2019|
|12||10/10/2019||Certificate of Service for Transcript|
|13||10/10/2019||Amended Certificate of Service for Transcript|
|14||11/15/2019||MOT. EXT/TIME APPELLANT BRIEF|
|15||11/15/2019||ACTION BY CLERK - Granted : 12/02/2019|
|18||12/05/2019||Oral Argument Request by Appellant|
|19||12/06/2019||Rec'd non-substantive corrections ATB & ATA (Title)|
|20||12/10/2019||Rec'd 6 copies of ATB & 6 copies of ATA from Central Duplicating|
|23||01/09/2020||Rec'd 6 copies of AEB/AEA from Central Duplicating|
|24||01/15/2020||MOT. EXT/TIME REPLY BRIEF|
|25||01/15/2020||ACTION BY CLERK - Granted : 01/30/2020|
|26||01/23/2020||NOTICE OF ORAL ARGUMENT SENT|
|28||02/04/2020||6 copies of RYB back from Central Duplicating|
|29||02/18/2020||APPEARANCES: Timothy C. Lamb\Howard D. Swanson|
|30||02/18/2020||ARGUED: Timothy C. Lamb\Howard D. Swanson|
|31||02/18/2020||ORAL ARGUMENT WEBCAST|