Discover Bank v. Hornbacher
- Discover Bank, Plaintiff and Appellant
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
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.
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.
(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)|
|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|