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Franciere v City of Mandan

Docket No. 20200018
Oral Argument: Waived

Docket Info

Title
Susan Franciere, Plaintiff and Appellant
v.
City of Mandan, Defendant and Appellee
Case Type
CIVIL APPEAL : OTHER (Civil)
Appeal From
Case No. 2017-CV-00914
South Central Judicial District, Morton County
James S. Hill
2020 ND 143945 N.W.2d 251

Highlight

A judgment granting dismissal based on lack of personal jurisdiction due to insufficient service is modified to dismiss without prejudice, and affirmed as modified.

The district court did not abuse its discretion when it denied a motion to compel discovery when the discovery requests were not related to the issue of personal jurisdiction.

Issues raised for the first time on appeal normally will not be addressed.


Briefs

Filing Date Description
03/02/2020 APPELLANT BRIEF View
03/30/2020 APPELLEE BRIEF View
05/27/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE CITY ATTORNEY Scott Kenneth Porsborg - 04904
APPELLEE CITY ATTORNEY Austin Theodore Lafferty - 07833
APPELLANT PRO SE Susan Franciere

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

Seq. # Filing Date Description Attachment
1 01/22/2020 NOTICE OF APPEAL : 01/22/2020
2 01/22/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERVICE
3 01/22/2020 Notice served on Susan Franciere and Scott K. Porsborg
4 02/20/2020 ELEC. RECORD ON APPEAL DATED FEBRUARY 19, 2020 (ENTRY NOS. 1-132)
5 03/02/2020 APPELLANT BRIEF View
6 03/02/2020 APPELLANT APPENDIX
7 03/11/2020 Rec'd non-substantive corrections for ATB & ATA
8 03/13/2020 Rec'd 6 copies of ATB & ATA from Central Duplicating
9 03/18/2020 Rec'd $18.50 for ATA (receipt #27545)
10 03/30/2020 APPELLEE BRIEF View
11 04/01/2020 Rec'd 6 copies of AEB from CSD
12 04/08/2020 MOT. EXT/TIME REPLY BRIEF
13 04/14/2020 ACTION BY CHIEF JUSTICE - Granted : 05/21/2020
14 04/15/2020 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
15 05/21/2020 Non-Compliant RYB rec'd; revised RYB due 5/22/20 3pm (overlength)
16 05/26/2020 MOTION FOR EXTRA PAGE
17 05/27/2020 ACTION BY CHIEF JUSTICE - Granted
18 05/27/2020 REPLY BRIEF View
19 05/27/2020 Rec'd 5 copies of RYB from CSD
20 05/28/2020 APPEARANCES: Wavied under N.D.R.App.P. 34(a)(1)(c)
21 05/28/2020 ARGUED: Wavied under N.D.R.App.P. 34(a)(1)(c)
22 06/24/2020 DOCUMENT RECEIVED - NOT FILED (motion for consideration of facts)
23 06/29/2020 DISPOSITION
24 06/29/2020 UNANIMOUS OPINION : Crothers, Daniel John View
25 06/29/2020 Costs on appeal taxed in favor of Appellee
26 06/30/2020 Judgment Sent to Parties
27 07/13/2020 Mot. Ext/Time Petition for Rehearing
28 07/20/2020 NO ACTION TAKEN (amended motion received)
29 07/15/2020 Amended Mot. Ext/Time Petition for Rehearing
30 07/17/2020 ACTION BY CHIEF JUSTICE - Granted : 08/12/2020
31 08/11/2020 PETITION FOR REHEARING View
32 08/12/2020 Rec'd 5 copies of PER from CSD
33 08/27/2020 ACTION BY SUPREME COURT - Denied
34 09/08/2020 MANDATE