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Discover Bank v. Hornbacher

Docket No. 20200232
Oral Argument: Waived

Docket Info

Title
Discover Bank, Plaintiff and Appellant
v.
Bryan L. Hornbacher, Defendant
Case Type
CIVIL APPEAL : CONTRACTS
Appeal From
Case No. 2020-CV-01940
South Central Judicial District, Burleigh County
Bruce A. Romanick

Parties' Statement of Issues

  • Appellant

    Does the plain language of the stipulation authorize immediate entry of judgment with no enforcement rights unless there is a default?
    District Court held: The stipulation does not authorize entry of judgment until after a default.


Summary

Discover Bank appeals a district court order denying motion for judgment and dismissing the case.

Discover Bank sued Hornbacher, alleging he was indebted to it on a credit card debt. The parties entered into a stipulation and consent, outlining a payment plan. Discover Bank moved by affidavit to have judgment entered against Hornbacher, and the district court denied for lack of default.

On appeal Discover Bank argues that the district court erred in finding that judgment could not be entered against Hornbacher until there had been a default under the payment plan.


Briefs

Filing Date Description
10/06/2020 APPELLANT BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Amanda Marie Lee - 06953
APPELLANT PRIVATE PRACTICE Clifton G Rodenburg - 03187

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

Seq. # Filing Date Description Attachment
1 08/28/2020 NOTICE OF APPEAL : 08/28/2020
2 08/31/2020 Rec'd $125.00 filing fee (receipt #27820)
3 09/01/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 09/01/2020 Notice served on Clifton G. Rodenburg & Amanda M. Lee and Bryan L. Hornbacher
5 09/29/2020 ELEC. RECORD ON APPEAL DATED SEPTEMBER 28, 2020 (ENTRY NOS. 1-19)
6 10/06/2020 APPELLANT BRIEF View
7 10/06/2020 APPELLANT APPENDIX
8 10/09/2020 Rec'd non-substantive corrections for ATB & ATA (COC) (Page Numbering)
9 10/13/2020 Rec'd 5 copies of ATB & ATA from Central Duplicating
10 11/12/2020 No Appellee's Brief Filed
11 11/12/2020 ORAL ARGUMENT WAIVED - NO REQUEST FOR ORAL ARGUMENT BY APPELLANT; NO APPELLEE'S BRIEF FILED