Bolinske v. Sandstrom, et al.
- Robert V. Bolinske, Sr., Plaintiff and Appellant
Dale V. Sandstrom, Gail Hagerty, Defendants and Appellees
Robert R. Port, Defendant
- Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
Case No. 2019-CV-00877
South Central Judicial District, Burleigh County
Michael Patrick Hurly
A person bringing a claim against the state or a state employee for an injury shall present to the director of the office of management and budget within 180 days after the alleged injury is discovered or reasonably should have been discovered a written notice of claim as provided by statute. The district court lacks subject matter jurisdiction absent a timely filing of a notice of claim.
Because a court’s dismissal of claims without prejudice for lack of subject matter jurisdiction is not an adjudication on the merits, the doctrines of claim and issue preclusion do not foreclose a subsequent action to adjudicate those claims. However, claim preclusion prohibits the relitigation of claims or issues that were raised or could have been raised in a prior action between the same parties or their privies and which was resolved by a final judgment on the merits.
Under N.D.R. Lawyer Discipl. 6.5, no lawsuit may be instituted against any complainant or witness in a lawyer disciplinary matter based on their communications to the board and its secretary, district inquiry committees, hearing panels, or counsel relating to lawyer misconduct or disability.
The affirmative defense that the statute of limitations has run must be pled by answer.
An appellate court is a court of review, not of first view.
If a party opposing a summary judgment motion shows by declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) deny the motion; (2) order a continuance to enable declarations to be obtained, depositions to be taken, or other discovery to be undertaken; or (3) issue any other just order.
In civil actions, the court shall award reasonable attorney’s fees to the prevailing party if it finds a claim for relief was frivolous.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||01/13/2022||NOTICE OF APPEAL : 01/13/2022|
|2||01/14/2022||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|3||01/14/2022||Notice Served on Robert V. Bolinske Sr., Matthew A. Sagsveen, Monte L. Rogneby & Jesse Walstad|
|4||02/09/2022||ELEC. RECORD ON APPEAL DATED FEBRUARY 8, 2022 (ENTRY NOS. 1-113)|
|6||02/22/2022||Oral Argument Request by Appellant|
|8||02/28/2022||Rec'd non-sunstantive corrections to ATB|
|9||03/03/2022||Rec'd 3 copies of ATB and 2 copies of ATA back from CD|
|10||03/18/2022||ANNOUNCED DISQUALIFICATION : Crothers, Daniel John|
|11||03/18/2022||ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W.|
|12||03/23/2022||ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair|
|13||03/23/2022||SITTING WITH THE COURT : Nelson, David W.|
|14||03/23/2022||SITTING WITH THE COURT : Schmalenberger, Allan L.|
|15||03/24/2022||NOTICE OF ORAL ARGUMENT SENT|
|16||03/24/2022||SITTING WITH THE COURT : Anderson, Norman G.|
|18||03/25/2022||Intent to Particpate in Oral Argument by Matthew A. Sagsveen|
|19||03/25/2022||Rec'd corrections to AEB|
|20||03/25/2022||Rec'd 3 copies of AEB back from CD|
|21||04/08/2022||STIPULATION FOR DISMISSAL AS TO ROBERT R. PORT||View|
|22||04/11/2022||ACTION BY CLERK (VOLUNTARY DISMISSAL AS TO ROBERT R. PORT) - Granted||View|
|23||04/11/2022||Order/Judgment Sent to Parties|
|24||04/25/2022||APPEARANCES: Robert V. Bolinske Sr./Matthew A. Sagsveen|
|25||04/25/2022||ARGUED: Robert V. Bolinske Sr./Matthew A. Sagsveen|
|26||04/25/2022||ORAL ARGUMENT WEBCAST|
|27||04/26/2022||1ST ELEC. SUPP. RECORD ON APPEAL DATED APRIL 25, 2022 (ENTRY NOS. 114-118 )|
|28||07/27/2022||DISPOSITION (VACATED IN PART, AND REMANDED)|
|29||07/27/2022||UNANIMOUS OPINION : Tufte, Jerod E.||View|
|30||07/27/2022||BY ORDER OF THE COURT NEITHER PARTY HAVE AND RECOVER COSTS AND DISBURSEMENTS IN THIS APPEAL|
|32||08/10/2022||Mot. Ext/Time Petition for Rehearing|
|33||08/12/2022||ACTION BY CHIEF JUSTICE - Granted : 09/05/2022|
|34||08/30/2022||Mot. Ext/Time Petition for Rehearing|
|35||08/31/2022||ACTION BY SUPREME COURT - Denied|
|36||09/06/2022||PETITION FOR REHEARING||View|
|37||09/15/2022||Rec'd corrections to PER|
|38||09/16/2022||Rec'd 3 copies of PER back from CD|
|39||09/20/2022||ACTION BY SUPREME COURT - Denied||View|