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Discover Bank v. Bolinske, Sr.

Docket No. 20200098
Oral Argument: Waived

Docket Info

Title
Discover Bank, Plaintiff and Appellee
v.
Robert V. Bolinske Sr., Defendant and Appellant
Case Type
CIVIL APPEAL : DEBTOR/CREDITOR
Appeal From
Case No. 2019-CV-03966
South Central Judicial District, Burleigh County
Pamela Ann Nesvig

Parties' Statement of Issues

  • Appellant

    I. Did the District Court err in entering default judgment when Bolinske had prior thereto made an appearance?
    II. Did the District Court commit reversible err by (1) failing to make a proper legal analysis of the Motion to Vacate, (2) discussing absolutely no facts, (3) citing nor analyzing any applicable law, (4) failing to set forth any findings of fact or valid conclusions of law and, (5) failing to prepare and issue any meaningful memorandum decision?
    III. Did the District Court err in failing to give Bolinske relief from the Judgment based upon Bolinske's mistake, inadvertence and/or excusable neglect?
    IV. Did the District Court err in failing to give defendant the requested hearing on the Motion to Vacate?

  • Appellee 1

    1. Does leaving a voice message at the attorney's office constitute an appearance?
    2. Did the district court act within its discretion in denying the motion to vacate when Bolinske failed to put forward a meritorious defense?


Summary

Robert V. Bolinske appeals from an order denying his motion to vacate a default judgment entered against him.

Discover Bank sued Bolinske for overdue credit card debt. Discover Bank filed an affidavit of no answer with the district court along with a proposed order for a default judgment. Judgment was entered and notice of entry of judgment was served on Bolinske. Bolinske moved to vacate the judgment. The district court denied his motion.

Bolinske argues the default judgment should be vacated because he made a telephone appearance to opposing counsel prior to the entry of the judgment and he was entitled to notice prior to entry of the judgment. Additionally, Bolinske argues he is entitled to relief from the judgment because of his mistake, inadvertence, and excusable neglect. Further, Bolinske argues the district court erred by failing to give him a hearing on his motion to vacate and by failing to discuss facts or analyze applicable law when it denied his motion.


Briefs

Filing Date Description
06/09/2020 APPELLANT BRIEF View
07/09/2020 APPELLEE BRIEF View
08/19/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Clifton G Rodenburg - 03187
APPELLANT PRO SE Robert V Bolinske - 03266
APPELLEE PRIVATE PRACTICE Amanda Marie Lee - 06953

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

Seq. # Filing Date Description Attachment
1 03/23/2020 NOTICE OF APPEAL : 03/23/2020
2 03/24/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 03/24/2020 Notice served on Robert V. Bolinske Sr and Amanda M. Lee
4 05/01/2020 ELEC. RECORD ON APPEAL DATED APRIL 30, 2020 (ENTRY NOS. 1-36)
5 05/06/2020 ANNOUNCED DISQUALIFICATION : Jensen, Jon J.
6 05/05/2020 MOT. EXT/TIME APPELLANT BRIEF
7 05/07/2020 ACTION BY ACTING CHIEF JUSTICE CROTHERS - Granted : 06/11/2020
8 06/09/2020 APPELLANT BRIEF View
9 06/09/2020 APPELLANT APPENDIX
10 06/22/2020 MOTION FOR EXTENSION OF TIME TO SUBMIT CORRECTIONS TO APPELLANT'S BRIEF AND APPENDIX
11 06/22/2020 MOT. FOR EXT. OF TIME TO SUBMIT CORRECTIONS TO APPELLANT'S BRIEF AND APPENDIX (2nd submission)
12 06/23/2020 NO ACTION TAKEN (ext. of time to submit corrections 2nd request)
13 06/23/2020 ACTION BY CLERK - Granted : 07/02/2020
14 06/30/2020 Rec'd non-substantive corrections for ATB & ATA
15 07/06/2020 MOTION TO STRIKE BY APPELLEE - RspDue : 08/20/2020
16 07/01/2020 Rec'd 5 copies of ATB & 4 copies of ATA from CSD
17 07/08/2020 MOT. EXT/TIME APPELLEE BRIEF (insufficient motion - no good cause shown)
18 07/09/2020 NO ACTION TAKEN (brief timely filed)
19 07/09/2020 APPELLEE BRIEF View
20 07/13/2020 Rec'd 5 copies of AEB back from CSD
21 07/20/2020 MOT. EXT/TIME REPLY BRIEF AND TO RESPOND TO MOTION TO STRIKE
22 07/21/2020 ACTION BY ACTING CHIEF JUSTICE CROTHERS - Granted : 08/20/2020
23 07/23/2020 ORAL ARGUMENT WAIVED: NO REQUESTS FOR ORAL ARGUMENT
24 08/19/2020 SITTING WITH THE COURT : Schmalenberger, Allan L.
25 08/19/2020 REPLY BRIEF View
26 08/27/2020 Rec'd non-substantive corrections to RYB
27 08/31/2020 Rec'd 5 copies of RYB back from CSD
28 09/02/2020 Motion to Strike To Be Considered With the Merits
29 09/16/2020 APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c)
30 09/16/2020 ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c)