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NBS Consulting, et al. v. Harris, et al.

Docket No. 20200203
Oral Argument: Waived

Docket Info

Title
NBS Consulting, Inc. dba On Point
Management and Whitney Racine, Plaintiff and Appellee
v.
Peirce Harris aka Pierce Harris, Defendant and Appellant
and
All Other Occupants, Defendants
Case Type
CIVIL APPEAL : LANDLORD/TENANT
Appeal From
Case No. 2020-CV-01007
North Central Judicial District, Ward County
Gary H. Lee

Parties' Statement of Issues

  • Appellee 1

    Appellant Pierce Harris argues that the district court erred when it ordered his eviction from the property located at 5110 Highway 2 East, Lot C20, Minot, ND because he was not wrongfully in possession of such property. However, as evidence at the hearing demonstrated, Mr. Harris was indeed wrongfully in possession of this property.


Summary

Pierce Harris appeals from an order and a judgment evicting him from a property in Minot.

NBS Consulting, Inc. (“NBS”) and Whitney Racine brought an eviction action against Harris. After a hearing, the district court found Harris was not listed on the lease for the property, but Racine was listed as the tenant. The court also found Racine and NBS terminated the lease, Racine moved out, and Harris refused to vacate the property. The court issued an order and judgment evicting Harris from the property.

On appeal, Harris argues he was rightfully in possession of the property and illegally evicted. He also argues NBS and Racine failed to properly serve him.


Briefs

Filing Date Description
10/07/2020 APPELLANT BRIEF (non-compliant, filed by the Court)(no issues scanned) View
11/03/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Dean A Frantsvog - 05753
APPELLEE PRIVATE PRACTICE Remington M. Kostenko - 09033
APPELLANT PRO SE Pierce Harris

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

Seq. # Filing Date Description Attachment
1 08/04/2020 NOTICE OF APPEAL : 08/04/2020
2 08/04/2020 Petition to Waive Filing Fee on Appeal and Affidavit
3 08/04/2020 MOTION FOR STAY PENDING APPEAL
4 08/05/2020 SECOND NOTICE OF APPEAL
5 08/05/2020 AMENDED MOTION FOR STAY PENDING APPEAL
6 08/06/2020 ACTION BY CHIEF JUSTICE - Denied
7 08/06/2020 Request for Cout review of Chief Justice Action on Motion for Stay
8 08/06/2020 ACTION BY SUPREME COURT - Denied
9 08/06/2020 ACTION BY CLERK (Petition to Waive Filing Fee) - Granted
10 08/07/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
11 08/07/2020 Notice served on Pierce Harris and Dean A. Frantsvog
12 09/01/2020 ELEC. RECORD ON APPEAL DATED AUGUST 31, 2020 (ENTRY NOS. 1-40)
13 09/17/2020 S.Ct. Not. of Dismissal/Failure to Proceed - RspDue : 09/30/2020
14 10/07/2020 NO ACTION TAKEN (appeal allowed to proceed, court authorized filing ATB)
15 10/07/2020 APPELLANT BRIEF (non-compliant, filed by the Court)(no issues scanned) View
16 10/07/2020 Paper Filed Document
17 10/08/2020 NO APPENDIX FILED
18 11/03/2020 Notice of Appearance by Remington M. Kostenko & Dean A. Frantsvog
19 11/03/2020 APPELLEE BRIEF View
20 11/03/2020 APPELLEE APPENDIX
21 11/04/2020 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
22 11/05/2020 Rec'd 5 copies of AEB & 4 copies of AEA from CSD
23 11/09/2020 1ST ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 6, 2020 (ENTRY NOS. 41 & 42)
24 12/01/2020 APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c)
25 12/01/2020 ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c)