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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
2020 ND 228950 N.W.2d 417

Highlight

This Court will not consider documents in a party’s appendix that did not appear in the district court’s record under N.D.R.App.P. 30(a)(1). A party is not entitled to oral argument on a motion to vacate unless they follow the requirements of N.D.R.Ct. 3.2(a)(3) and secure a time for the argument within 14 days of the request. Issues not adequately briefed will not be addressed on appeal. A party’s appearance, without a pleading showing a meritorious defense, does not protect a party from default judgment. The district court was not required under N.D.R.Civ.P. 52(a)(3) to set forth findings of fact in its order denying the motion to vacate.


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

(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)
31 10/27/2020 ACTION BY SUPREME COURT (MOTION TO STRIKE) - Granted
32 10/27/2020 DISPOSITION
33 10/27/2020 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
34 10/27/2020 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE
35 11/12/2020 Judgment Sent to Parties
36 11/10/2020 Mot. Ext/Time Petition for Rehearing
37 11/12/2020 ACTION BY ACTING CHIEF JUSTICE CROTHERS - Granted : 12/10/2020
38 12/10/2020 PETITION FOR REHEARING View
39 12/10/2020 APPENDIX TO PETITION FOR REHEARING (filed subject to the approval of the Court)
40 12/11/2020 Rec'd copies of PER from Central Duplicating
41 12/17/2020 ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W.
42 12/17/2020 ACTION BY SUPREME COURT - Denied
43 12/28/2020 MANDATE