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Brossart, et al. v. Janke, et al.

Docket No. 20190236
Oral Argument: Tuesday, February 18, 2020 1:30 PM

Docket Info

Title
Rodney Brossart, Susan Brossart and
Thomas Brossart, Plaintiffs and Appellants
v.
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
Oral Argument 2/18/2020

Parties' Statement of Issues

  • Appellant

    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?

  • Appellee 1

    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?


Summary

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.


Briefs

Filing Date Description
12/02/2019 APPELLANT BRIEF View
01/02/2020 APPELLEE BRIEF View
01/30/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Timothy Charles Lamb - 06820
APPELLEE PRIVATE PRACTICE Howard D Swanson - 04075

(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
16 12/02/2019 APPELLANT BRIEF View
17 12/02/2019 APPELLANT APPENDIX
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
21 01/02/2020 APPELLEE BRIEF View
22 01/02/2020 APPELLEE APPENDIX
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
27 01/30/2020 REPLY BRIEF View
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