Neppel, et al. v. Development Homes, et al.
Docket No. 20200036
Oral Argument:
Wednesday, November 4, 2020 2:45 PM
Docket Info
- Title
- Pamela Neppel, individually and as the
parent and legal guardian of Z.N. an
incapacitated individual, Plaintiff, Appellant,
and Cross-Appellee
v.
Development Homes, Inc., Defendant, Appellee,
and Cross-Appellant
and
Sandra J. Marshall, individually; Mark Indvik,
individually, and Mark and Amelia Indvik as
Co-Guardians of S.K.O.; Konah Zunugo, individually, Defendants and Appellees - Case Type
- CIVIL APPEAL : TORTS (NEGLIGENCE, LIAB., NUIS.)
- Appeal From
-
Case No. 2017-CV-03249
Northeast Central Judicial District, Grand Forks County
Lolita G. Hartl Romanick
2021 ND 5953 N.W.2d 642
Oral Argument
11/4/2020
Highlight
The district court did not abuse its discretion when it denied an untimely motion to amend the complaint.
An award of attorney fees under N.D.C.C. § 25-01.2-17 requires the successful enforcement of a right guaranteed by the Developmental Disability Act.
The tort of intentional infliction of emotional stress requires a reasonable finding of extreme and outrageous conduct that goes beyond all possible bounds of decency, which is a strenuously high standard.
Issues that are moot will generally not be addressed on appeal.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | PRIVATE PRACTICE | Jerry W Evenson - 03661 |
| APPELLANT | PRIVATE PRACTICE | Jason Paul Sayler - 08746 |
| AMICUS CURIAE | SPEC. ASST. ATTY. GEN. | David E. Boeck - 03208 |
| AMICUS CURIAE | PRIVATE PRACTICE | Mandy Renee Dendy - 05875 |
| APPELLANT | PRIVATE PRACTICE | Jonathon (Jack) F. Yunker - 08709 |
| APPELLEE | PRIVATE PRACTICE | William Jules Behrmann - 07579 |
| AMICUS CURIAE | PRIVATE PRACTICE | Murray G Sagsveen - 03116 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 02/10/2020 | NOTICE OF APPEAL : 02/10/2020 | |
| 2 | 02/10/2020 | ORDER FOR TRANSCRIPT | |
| 3 | 02/14/2020 | Rec'd $125.00 filing fee (receipt #27519) | |
| 4 | 02/19/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 02/19/2020 | Notice Served on Jonathon Yunker, Jerry W. Evenson & William J. Behrmann | |
| 6 | 02/24/2020 | AMENDED ORDER FOR TRANSCRIPT (AMENDED) : 02/25/2020 | |
| 7 | 02/24/2020 | NOTICE OF CROSS APPEAL by Development Homes, Inc. | |
| 8 | 02/25/2020 | NOT. OF FILING NOT. OF CROSS-APPEAL AND PROOF OF SERV. | |
| 9 | 02/25/2020 | Notice served on Jonathon Yunker, William J. Behrmann and Jerry W. Evenson | |
| 10 | 02/26/2020 | SECOND AMENDED ORDER FOR TRANSCRIPT (error in transcript date) | |
| 11 | 03/04/2020 | ACKNOWLEDGMENT OF NOTICE OF APPEAL - Michelle Bredemeier | |
| 12 | 03/12/2020 | ELEC. RECORD ON APPEAL DATED MARCH 11, 2020 (ENTRY NOS. 1-585, 587-601)(NOT SENT: 410 & 586) | |
| 13 | 03/19/2020 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED MARCH 18, 2020 (ENTRY NOS. 602-604) | |
| 14 | 03/25/2020 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED MARCH 18, 2020 (ENTRY NOS. 605-607) | |
| 15 | 04/14/2020 | ELECTRONIC TRANSCRIPT DATED APRIL 26, 2019 | |
| 16 | 04/14/2020 | CERTIFICATE OF SERVICE | |
| 17 | 04/15/2020 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED APRIL 14, 2020 (ENTRY NOS. 608-609) | |
| 18 | 04/15/2020 | MOT. EXT/TIME TRANSCRIPT | |
| 19 | 04/15/2020 | ACTION BY TRIAL COURT - Granted : 05/25/2020 | |
| 20 | 04/16/2020 | 4TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 15, 2020 (ENTRY NOS. 610-612) | |
| 21 | 04/21/2020 | ELECTRONIC TRANSCRIPT DATED JANUARY 23, 2018 | |
| 22 | 04/21/2020 | ELECTRONIC TRANSCRIPT DATED JANUARY 23, 2018 REDACTION KEY | |
| 23 | 04/21/2020 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 23, 2018 | |
| 24 | 04/21/2020 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 23, 2018 REDACTION KEY | |
| 25 | 04/21/2020 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 20, 2019 (MOTION HEARING) | |
| 26 | 04/21/2020 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 20, 2019 (MOTION HEARING) REDACTION KEY | |
| 27 | 04/21/2020 | ELECTRONIC TRANSCRIPT DATED JUNE 3, 2019 | |
| 28 | 04/21/2020 | ELECTRONIC TRANSCRIPT DATED JUNE 3, 2019 REDACTION KEY | |
| 29 | 04/21/2020 | ELECTRONIC TRANSCRIPT DATED DECEMBER 16, 2019 | |
| 30 | 04/21/2020 | ELECTRONIC TRANSCRIPT DATED DECEMBER 16, 2019 REDACTION KEY | |
| 31 | 04/23/2020 | 5TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 22, 2020 (ENTRY NOS. 613-614) | |
| 32 | 04/24/2020 | ELECTRONIC TRANSCRIPT DATED NOVEMBER 5, 2018 | |
| 33 | 04/24/2020 | ELECTRONIC TRANSCRIPT DATED JUNE 21, 2019 | |
| 34 | 04/24/2020 | ELECTRONIC TRANSCRIPT DATED NOV. 5, 2018 & JUNE 21, 2019 REDACTION KEY | |
| 35 | 04/25/2020 | 6TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 24, 2020 (ENTRY NOS. 615-616) | |
| 36 | 05/18/2020 | ELECTRONIC TRANSCRIPT DATED JULY 15, 2019 | |
| 37 | 05/18/2020 | ELECTRONIC TRANSCRIPT DATED JULY 16, 2019 | |
| 38 | 05/18/2020 | REDACTION KEY FOR TRANSCRIPTS DATED JULY 15, 2019 AND JULY 16, 2019 | |
| 39 | 05/18/2020 | Certificate of Service for Transcripts | |
| 40 | 05/19/2020 | Rec'd non-substantive corrections to 7/15/19 & 7/16/19 transcripts and redaction key (typos) | |
| 41 | 05/19/2020 | 7th ELEC. SUPP. RECORD ON APPEAL DATED MAY 18, 2020 (ENTRY NOS. 617 & 618) | |
| 42 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED JULY 9, 2019 | |
| 43 | 05/21/2020 | REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED JULY 9, 2019 | |
| 44 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED JULY 10, 2019 | |
| 45 | 05/21/2020 | REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED JULY 10, 2019 | |
| 46 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED JULY 11, 2019 | |
| 47 | 05/21/2020 | REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED JULY 11, 2019 | |
| 48 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED JULY 12, 2019 | |
| 49 | 05/21/2020 | REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED JULY 12, 2019 | |
| 50 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED JULY 17, 2019 | |
| 51 | 05/21/2020 | REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED JULY 17, 2019 | |
| 52 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED JULY 18, 2019 | |
| 53 | 05/21/2020 | REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED JULY 18, 2019 | |
| 54 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED JULY 19, 2019 | |
| 55 | 05/21/2020 | REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED JULY 19, 2019 | |
| 56 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED JULY 22, 2019 | |
| 57 | 05/21/2020 | REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED JULY 22, 2019 | |
| 58 | 05/21/2020 | Certificate of Service for Transcripts | |
| 59 | 05/22/2020 | 8TH ELEC. SUPP. RECORD ON APPEAL DATED MAY 21, 2020 (ENTRY NOS. 619 & 620) | |
| 60 | 05/27/2020 | 9TH ELEC. SUPP. RECORD ON APPEAL DATED MAY 26, 2020 (ENTRY NOS. 621-622) | |
| 61 | 06/18/2020 | Amended Notice of Appeal | |
| 62 | 06/19/2020 | NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERV. | |
| 63 | 06/19/2020 | Notice Served on Jonathon Yunker, Jerry W. Evenson & William J. Behrmann | |
| 64 | 06/23/2020 | MOT. EXT/TIME APPELLANT BRIEF | |
| 65 | 06/23/2020 | ACTION BY CLERK - Granted : 07/30/2020 | |
| 66 | 06/25/2020 | Affidavit of good cause for appellant's brief and appendix extension - extension remains granted | |
| 67 | 07/15/2020 | MOTION FOR ADDITIONAL PAGES BY APPELLANT | |
| 68 | 07/21/2020 | ACTION BY SUPREME COURT (granted 10 pages) - Granted | |
| 69 | 07/30/2020 | APPELLANT BRIEF | View |
| 70 | 07/30/2020 | Oral Argument Request by Appellant | |
| 71 | 07/30/2020 | APPELLANT APPENDIX | |
| 72 | 07/31/2020 | MOTION FOR LEAVE TO FILE AMICUS BRIEF (Protection & Advocacy Project) | |
| 73 | 07/31/2020 | ACTION BY CLERK - Granted | |
| 74 | 07/31/2020 | MOTION FOR EXTENSION OF TIME TO FILE AMICAS BRIEF | |
| 75 | 07/31/2020 | AMICUS CURIAE BRIEF (non-substantive corrections to ACB dated 8/6/20) | View |
| 76 | 08/03/2020 | ACTION BY CLERK (Extension of time to file Amicas Brief) - Granted | |
| 77 | 08/05/2020 | MOTION TO STRIKE BY APPELLEE - RspDue : 08/19/2020 | |
| 78 | 08/06/2020 | Non-substantive corrections received for motion to strike | |
| 79 | 08/04/2020 | Rec'd non-substantive corrections to ATB | |
| 80 | 08/05/2020 | Rec'd $154.00 for 308 pages over 100 in Appendix (receipt # 27805) | |
| 81 | 08/06/2020 | Rec'd non-substantive corrections to ACB | |
| 82 | 08/11/2020 | Rec'd 5 copies of ACB from CSD | |
| 83 | 08/11/2020 | Rec'd 5 copies of ATB and 4 copies of ATA back from CSD | |
| 84 | 08/19/2020 | Response Filed to Motion to Strike | |
| 85 | 08/26/2020 | ACTION BY SUPREME COURT - Denied | |
| 86 | 08/27/2020 | MOT. EXT/TIME APPELLEE BRIEF | |
| 87 | 08/28/2020 | ACTION BY CLERK - Granted : 09/11/2020 | |
| 88 | 08/28/2020 | MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE (NDANO) | |
| 89 | 08/28/2020 | CONT: IN SUPPORT OF DISTRICT COURT'S ORDER | |
| 90 | 08/28/2020 | AMICUS CURIAE BRIEF (NDANO) | View |
| 91 | 09/01/2020 | ACTION BY CHIEF JUSTICE - Granted | |
| 92 | 09/03/2020 | Rec'd 5 copies of ATB & 4 copies of ACB from CSD | |
| 93 | 09/11/2020 | MOT. EXT/TIME APPELLEE BRIEF | |
| 94 | 09/11/2020 | ACTION BY CLERK - Granted : 09/18/2020 | |
| 95 | 09/18/2020 | APPELLEE BRIEF | View |
| 96 | 09/18/2020 | Oral Argument Request by Appellee | |
| 97 | 09/21/2020 | Rec'd non-substantive corrections aeb (OAR Statement) | |
| 98 | 09/22/2020 | Rec'd 5 copies of AEB from CSD | |
| 99 | 10/02/2020 | REPLY BRIEF | View |
| 100 | 10/02/2020 | Rec'd 5 copies of RYB from CSD | |
| 101 | 10/16/2020 | REPLY BRIEF (Development Homes, Inc.) | View |
| 102 | 10/20/2020 | Rec'd 5 copies of RYB (DH) back from CD | |
| 103 | 10/21/2020 | NOTICE OF ORAL ARGUMENT SENT | |
| 104 | 11/04/2020 | APPEARANCES: Jonathon Yunker; William J. Behrmann | |
| 105 | 11/04/2020 | ARGUED: Jonathon Yunker; William J. Behrmann | |
| 106 | 11/04/2020 | ORAL ARGUMENT WEBCAST | |
| 107 | 01/12/2021 | DISPOSITION (and Remanded) | |
| 108 | 01/12/2021 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
| 109 | 01/12/2021 | Costs of appeal taxed in favor of Appellees | |
| 110 | 01/14/2021 | Judgment | |
| 111 | 02/05/2021 | MANDATE |