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Thompson v. Gabel, et al.

Docket No. 20200130
Oral Argument: Argument Date & Time is not set.

Docket Info

Title
Jacob Thompson, Plaintiff and Appellant
v.
Nicole Gabel and Vue Community Credit Union, Defendants and Appellees
Case Type
CIVIL APPEAL : REAL PROPERTY
Appeal From
Case No. 2019-CV-02563
South Central Judicial District, Burleigh County
James S. Hill

Parties' Statement of Issues

  • Appellant

    1. Issues
    a. Abuse of process
    b. Due process violations
    c. Misrepresentation/Fraud presented to the Court
    d. Misappropriation of Law
    e. Abuse of Discretion
    f. There were inadequate findings
    g. legality of the decision
    h. whether there was substantial evidence from the record as a whole to support the decision
    i. in violation of constitutional or statutory provisions.
    j. in excess of statutory authority or the jurisdiction of the agency.
    k. made upon unlawful procedures.
    l. affected by another error of law.
    m. clearly wrong in view of reliable, probative and substantial evidence on the whole record.
    n. arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.
    o. The court failed to acknowledge/allow evidence, argument and testimony that would have changed the overall outcome of the case.
    2. There were inadequate findings for the court to impose the orders that were given, as in “Struchynski v. Decker, 194 N.W.2d 741 (N.D.1972)”
    3. The orders given do not disclose a definitive basis for the decision, as in “Ellendale Farmers Union Cooperative Ass'n v. Davis, 219 N.W.2d 829 (N.D.1974)”
    4. The conclusions and findings given are too "sparse and conclusory" to warrant the findings, orders and judgement given, as in “Commissioner v. Duberstein, 363 U.S. 278, 292, 80 S. Ct. 1190, 1200, 4 L. Ed. 2d 1218 (1960)”
    5. Thompson feels the findings are without substantial evidentiary support, or, even though there is some evidentiary support, this court should be left with a definite and firm conviction that a mistake has been made, see “Gross v. Sta-Rite Industries, Inc., 336 N.W.2d 359, 361 (N.D.1983)”
    6. Thompson also feels that the finding was induced by an erroneous view of the applicable law, see “Winter v. Winter, 338 N.W.2d 819, 822 N.D.1988”. Thompson believes the district court misapplied case law and failed to follow statute appropriately.


Briefs

Filing Date Description
09/15/2020 APPELLANT BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Malcolm H Brown - 02842
APPELLEE PRIVATE PRACTICE Amanda Rose Harris - 06506
APPELLANT PRO SE Jacob D. Thompson

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

Seq. # Filing Date Description Attachment
1 04/29/2020 NOTICE OF APPEAL : 04/29/2020
2 04/29/2020 ORDER FOR TRANSCRIPT : 05/05/2020
3 04/29/2020 MOTION FOR STAY
4 05/04/2020 ACTION BY SUPREME COURT - Denied
5 05/04/2020 Received $125 filing fee
6 05/04/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
7 05/04/2020 Notice served on Kristin A. Overboe, Amanda R. Harris, & Malcolm H. Brown
8 06/01/2020 ELEC. RECORD ON APPEAL DATED MAY 29, 2020 (ENTRY NOS. 1-142)
9 06/30/2020 ELECTRONIC TRANSCRIPT DATED APRIL 23, 2020
10 06/30/2020 TRANSCRIPT C.O.S.
11 07/01/2020 ELECTRONIC TRANSCRIPT DATED FEBRUARY 24, 2020
12 07/01/2020 Certificate of Service for transcript
13 07/06/2020 DOCUMENT RECEIVED - NOT FILED (motion for remand and stay - unnecessary)
14 08/03/2020 SECOND NOTICE OF APPEAL
15 08/03/2020 SECOND ORDER FOR TRANSCRIPT
16 08/03/2020 MOT. EXT/TIME APPELLANT BRIEF
17 08/03/2020 MOTION FOR REMAND
18 08/06/2020 ACTION BY CHIEF JUSTICE (Motion for Extension of Time - ATB) - Granted : 09/09/2020
19 08/06/2020 ACTION BY CHIEF JUSTICE (Motion for Remand) - Denied
20 08/07/2020 NOT. OF FILING SECOND NOT. OF APPEAL AND PROOF OF SERV.
21 08/07/2020 Notice served on Kristin A. Overboe, Amanda R. Harris, & Malcolm H. Brown
22 08/11/2020 MOTION TO WITHDRAW AS COUNSEL BY OVERBOE - RspDue : 08/25/2020
23 09/02/2020 ELEC. RECORD ON APPEAL DATED SEPTEMBER 1ST, 2020(ENTRY NOS.1-5 AND 7-239)
24 09/04/2020 ACTION BY CHIEF JUSTICE - Granted
25 09/09/2020 Notice of Suspension of Preparation of Transcript filed by Kimberly Gullicks
26 09/09/2020 Non-Compliant ATB rec'd; given until 9/15/20 to revise (length)
27 09/10/2020 MOTION TO DEFER FILING OF THE APPENDIX
28 09/11/2020 ACTION BY CLERK - Granted
29 09/15/2020 APPELLANT BRIEF View
30 09/15/2020 Oral Argument Request by Appellant
31 09/18/2020 Rec'd 5 copies of ATB from CSD