Cavare v. Kjelgren
Docket No. 20200128
Oral Argument:
Thursday, October 7, 2021 10:00 AM
Docket Info
- Title
- Cavare, Inc., Plaintiff and Appellee
v.
Christopher B. Kjelgren, Defendant and Appellant - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 2017-CV-01076
Northwest Judicial District, Williams County
Joshua B. Rustad
2021 ND 236968 N.W.2d 141
Oral Argument
10/7/2021
Highlight
In an appeal from a bench trial, the district court’s findings of fact are reviewed under the clearly erroneous standard and its conclusions of law are fully reviewable.
A district court’s choice between two permissible views of the weight of the evidence is not clearly erroneous.
A district court’s decision to deny a motion for relief from a judgment will not be reversed on appeal unless the court abused its discretion in ruling there were not sufficient grounds for relief from the judgment.
Relief from a judgment on grounds of fraud, misrepresentation, or other misconduct is extraordinary relief that should only be granted in exceptional circumstances.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 04/28/2020 | NOTICE OF APPEAL : 04/28/2020 | |
| 2 | 04/28/2020 | ORDER FOR TRANSCRIPT : 05/08/2020 | |
| 3 | 05/04/2020 | Rec'd $125.00 filing fee (receipt #27580) | |
| 4 | 05/04/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 05/04/2020 | Notice Served on Lynn M. Mesteth & Jack P. Dwyer, Spencer D. Ptacek & Lawrence Bender | |
| 6 | 06/02/2020 | ELEC. RECORD ON APPEAL DATED JUNE 1, 2020 (ENTRY NOS.1-178) | |
| 7 | 07/07/2020 | ELECTRONIC TRANSCRIPT DATED OCTOBER 31, 2019 | |
| 8 | 07/07/2020 | ELECTRONIC TRANSCRIPT DATED NOVEMBER 1, 2019 | |
| 9 | 07/07/2020 | CERTIFICATE OF SERVICE | |
| 10 | 08/04/2020 | MOTION FOR LEAVE TO FILE RULE 60 MOTION | |
| 11 | 08/10/2020 | ACTION BY CHIEF JUSTICE - Granted | |
| 12 | 08/11/2020 | Briefing Stayed | |
| 13 | 08/13/2020 | ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 12, 2020 (ENTRY NOS. 179-189) | |
| 14 | 08/13/2020 | ORDER OF REMAND | |
| 15 | 08/13/2020 | Briefing Schedule Stayed | |
| 16 | 08/13/2020 | Order/Judgment Sent to Parties | |
| 17 | 03/05/2021 | ELEC. RECORD ON APPEAL DATED MARCH 4, 2021 (ENTRY NOS.1-234) (RE-FILED) | |
| 18 | 03/05/2021 | MOT. EXT/TIME APPELLANT BRIEF (Reset due to remand) | |
| 19 | 03/05/2021 | ACTION BY CLERK (Reset due to remand) - Granted : 04/05/2021 | |
| 20 | 03/12/2021 | SECOND NOTICE OF APPEAL | |
| 21 | 03/12/2021 | SECOND ORDER FOR TRANSCRIPT : 03/15/2021 | |
| 22 | 03/12/2021 | MOTION TO CONSOLIDATE APPEALS (1ST AND 2ND NOTICES OF APPEAL) | |
| 23 | 03/15/2021 | ACTION BY CLERK - Granted | |
| 24 | 03/15/2021 | NOT. OF FILING SECOND NOT. OF APPEAL AND PROOF OF SERV. | |
| 25 | 03/15/2021 | Notice served on Lynn M. Mesteth, Jack P. Dwyer, Spencer D. Ptacek & Lawrence Bender | |
| 26 | 03/15/2021 | MOT. EXT/TIME APPELLANT BRIEF (reset due to 2nd NOA filed) | |
| 27 | 03/15/2021 | ACTION BY CLERK (40 days after the filing of the 2nd OTR) - Granted | |
| 28 | 03/16/2021 | Amended Second Order for Transcript | |
| 29 | 03/17/2021 | ELEC. SUPP. RECORD ON APPEAL DATED MARCH 16, 2021 (ENTRY NOS. 235-239) | |
| 30 | 05/10/2021 | MOT. EXT/TIME TRANSCRIPT | |
| 31 | 05/10/2021 | ACTION BY TRIAL COURT - Granted : 06/14/2021 | |
| 32 | 05/12/2021 | ELEC. SUPP. RECORD ON APPEAL DATED MAY 11, 2021 (ENTRY NOS.240-242) | |
| 33 | 06/14/2021 | ELECTRONIC TRANSCRIPT DATED JANUARY 21, 2021 | |
| 34 | 06/14/2021 | C.O.S. OF TRANSCRIPT | |
| 35 | 06/25/2021 | 4TH ELEC. SUPP. RECORD ON APPEAL DATED JUNE 24, 2021 (ENTRY NOS. 243-244) | |
| 36 | 07/22/2021 | APPELLANT BRIEF | View |
| 37 | 07/22/2021 | Oral Argument Request by Appellant | |
| 38 | 07/22/2021 | APPELLANT APPENDIX | |
| 39 | 07/27/2021 | Rec'd copies of ATB & ATA from Central Duplicating | |
| 40 | 08/02/2021 | Received $95.50 for ATA overage surcharge (Receipt #28205) | |
| 41 | 08/23/2021 | APPELLEE BRIEF | View |
| 42 | 08/26/2021 | Rec'd copies of AEB from Central Duplicating | |
| 43 | 09/06/2021 | Rec'd non-compliant Reply Brief (over pg limit); given until 9/10/21 to file compliant brief | |
| 44 | 09/08/2021 | REPLY BRIEF | View |
| 45 | 09/09/2021 | Rec'd 4 copies of RYB from CSD | |
| 46 | 09/16/2021 | NOTICE OF ORAL ARGUMENT SENT | |
| 47 | 09/21/2021 | Intent to Particpate in Oral Argument by Appellee | |
| 48 | 10/07/2021 | APPEARANCES: Lynn M. Mesteth/Spencer D. Ptacek | |
| 49 | 10/07/2021 | ARGUED: Lynn M. Mesteth/Spencer D. Ptacek | |
| 50 | 10/07/2021 | ORAL ARGUMENT WEBCAST | |
| 51 | 12/23/2021 | DISPOSITION | |
| 52 | 12/23/2021 | UNANIMOUS OPINION : Jensen, Jon J. | View |
| 53 | 12/23/2021 | Judgment | View |
| 54 | 12/23/2021 | Costs taxed in favor of Appellee | |
| 55 | 01/14/2022 | MANDATE |