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Sollin, et al. v. Klein

Docket No. 20200202
Oral Argument: Waived

Docket Info

Title
Richard Orville Sollin and Linda M. Sollin, Petitioners and Appellees
v.
Dale Gerald Klein, Respondent and Appellant
Case Type
CIVIL APPEAL : OTHER (Civil)
Appeal From
Case No. 2020-CV-00040
Northeast Judicial District, Pierce County
Michael Patrick Hurly

Parties' Statement of Issues

  • Appellant

    [I] Did the District Court err in granting the disorderly conduct restraining order? As it was improperly brought before the court as required by N.D.C.C. 12.1 .. 32.1-01 p5b
    [II] Did the District Court err in granting the disorderly conduct restraining order? As the Court violated Klein's Due Process rights under U.S. Constitution articles 5 and 14.
    [III] Did the District Court err in granting the disorderly conduct restraining order? A full and fair hearing was not held before the Court as required by N.D.C.C. 12.1-32.1-01

  • Appellee 1

    I. Whether the District Court erred in granting the disorderly conduct restraining order as it was improperly brought before the Court as required by
    N.D.C.C. 12.1-31.2-01?
    II. Whether the District Court erred in granting the disorderly orderly conduct restraining order as Appellant contends the District Court violated his
    due process rights under Articles 5 and 14 of the United States Constitution?
    III. Whether the District Court erred in granting the disorderly conduct restraining order as Appellant contends that a full and fair hearing was not held
    as required by N.D.C.C. 12.1-31.2-01?


Summary

Dale Gerald Klein appeals from a judgment entered on a petition for disorderly conduct restraining order. On June 26, 2020, Klein filed a petition for disorderly conduct restraining order against Richard Sollin. On July 8, 2020, shortly before the hearing on Klein’s petition commenced, Richard Sollin and Linda Sollin filed a disorderly conduct restraining order petition against Klein. The district court determined it would consider evidence for both petitions during the hearing. The court subsequently granted both restraining orders.

On appeal, Klein argues the district court erred in granting the disorderly conduct restraining order against him. Klein asserts he received inadequate notice of the Sollins’ cross-petition, and he was not afforded the opportunity to cross examine Richard Sollin.


Briefs

Filing Date Description
12/09/2020 APPELLANT BRIEF (filed subject to the approval of the Court) View
02/08/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Ulysses Samuel Jones - 06051
APPELLANT PRO SE Dale Gerald Klein

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

Seq. # Filing Date Description Attachment
1 07/30/2020 NOTICE OF APPEAL : 07/30/2020
2 07/30/2020 ORDER FOR TRANSCRIPT : 08/07/2020
3 07/30/2020 Rec'd $125 filing fee
4 08/07/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 08/07/2020 Notice served on Dale G. Klein and Ulysses S. Jones
6 08/25/2020 ELEC. RECORD ON APPEAL DATED AUGUST 24, 2020 (ENTRY NOS. 1-9)
7 10/05/2020 ELECTRONIC TRANSCRIPT DATED JULY 1, 2020
8 10/05/2020 ELECTRONIC TRANSCRIPT DATED JULY 8, 2020
9 10/05/2020 Certificate of Service for Transcripts
10 11/30/2020 S.Ct. Not. of Dismissal/Failure to Proceed - RspDue : 12/10/2020
11 12/09/2020 NO ACTION TAKEN (MSN)
12 12/09/2020 MOT. EXT/TIME APPELLANT BRIEF
13 12/09/2020 APPELLANT BRIEF (filed subject to the approval of the Court) View
14 12/11/2020 ACTION BY CHIEF JUSTICE - Granted : 12/09/2020
15 12/17/2020 Rec'd 5 copies of ATB from CSD
16 12/30/2020 Appellant's Appendix not received, brief filed subject to the approval of the Court
17 12/31/2020 MOT. EXT/TIME APPELLEE BRIEF
18 12/31/2020 ACTION BY CLERK - Granted : 02/08/2021
19 02/08/2021 APPELLEE BRIEF View
20 02/08/2021 APPELLEE APPENDIX
21 02/10/2021 Rec'd 5 copies of AEB from CSD
22 02/10/2021 Rec'd 4 copies of AEA from CSD
23 02/10/2021 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
24 03/02/2021 APPEARANCES: Wavied under N.D.R.App.P. 34(a)(1)(c)
25 03/02/2021 ARGUED: Wavied under N.D.R.App.P. 34(a)(1)(c)