Thompson v. Gabel, et al.
- Jacob Thompson, Plaintiff and Appellant
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
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.
(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|
|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|
|30||09/15/2020||Oral Argument Request by Appellant|
|31||09/18/2020||Rec'd 5 copies of ATB from CSD|