Beland, et al. v. Danel, et al.
Docket No. 20220057
Oral Argument:
Monday, September 26, 2022 10:00 AM
Docket Info
- Title
- Matthew Beland, Plaintiff and Appellant
and
Sarah M. Kyte, Interested Party and Appellant
v.
Jeremiah Danel,
Jeremiah Danel, D.D.S., P.C., Defendants and Appellees - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 2021-CV-00499
Northeast Central Judicial District, Grand Forks County
Lolita G. Hartl Romanick
2022 ND 202981 N.W.2d 833
Oral Argument
9/26/2022
Highlight
A district court may impose sanctions if litigation was brought for an improper and unjust purpose under N.D.R.Civ.P. 11(b)(1), or lacked evidentiary support under N.D.R.Civ.P. 11(b)(3), even if a portion of the litigation had merit under N.D.R.Civ.P. 11(b)(2).
A district court may impose sanctions even if it denied a motion to dismiss by a party opposing the litigation, and even if it held an evidentiary hearing if the litigation was brought for an improper and unjust purpose under N.D.R.Civ.P. 11(b)(1), or lacked evidentiary support under N.D.R.Civ.P. 11(b)(3).
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 02/17/2022 | NOTICE OF APPEAL : 02/17/2022 | |
| 2 | 02/17/2022 | ORDER FOR TRANSCRIPT : 03/02/2022 | |
| 3 | 03/02/2022 | Received $125 filing fee | |
| 4 | 03/02/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 03/02/2022 | Notice served on Tyler J. Morrow, Gregory L. Thompson, & Jennifer E. Albaugh | |
| 6 | 03/10/2022 | Received Joint Response on Appealability | |
| 7 | 03/10/2022 | MOTION FOR REMAND (SUA SPONTE) | |
| 8 | 03/10/2022 | ACTION BY CHIEF JUSTICE (SUA SPONTE) - Granted | |
| 9 | 03/10/2022 | ORDER OF REMAND | View |
| 10 | 03/10/2022 | Order/Judgment Sent to Parties | |
| 11 | 03/14/2022 | ELEC. RECORD ON APPEAL DATED MARCH 11, 2022 (ENTRY NOS. 1-223)(after remand) | |
| 12 | 03/14/2022 | Amended Judgment filed in district court on March 11, 2022 | |
| 13 | 03/16/2022 | AMENDED ELEC. RECORD ON APPEAL DATED MARCH 16, 2022 (ENTRY NOS. 1-53, 55-224)(NOT SENT: 54) | |
| 14 | 03/21/2022 | All Transcripts Filed in Record | |
| 15 | 03/23/2022 | ELEC. SUPP. RECORD ON APPEAL DATED MARCH 22, 2022 (ENTRY NOS. 225-229) | |
| 16 | 04/05/2022 | 2nd ELEC. SUPP. RECORD ON APPEAL DATED APRIL 4, 2022 (ENTRY NOS. 230-238) | |
| 17 | 04/07/2022 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED APRIL 6, 2022 (ENTRY NOS. 239-242 ) | |
| 18 | 04/07/2022 | 4TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 6, 2022 (ENTRY NOS.234-246) | |
| 19 | 04/20/2022 | 5TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 19, 2022 (ENTRY NOS. 247-250) | |
| 20 | 04/21/2022 | 6TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 20, 2022 (ENTRY NOS. 251-253) | |
| 21 | 04/26/2022 | 7TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 25, 2022 (ENTRY NOS. 254-255) | |
| 22 | 05/02/2022 | APPELLANT BRIEF | View |
| 23 | 05/02/2022 | Oral Argument Request by Appellants | |
| 24 | 05/06/2022 | Rec'd corrections to ATB | |
| 25 | 05/11/2022 | Rec'd additional corrections to ATB (ND citations) | |
| 26 | 05/13/2022 | Rec'd 3 copies of ATB from CSD | |
| 27 | 06/01/2022 | APPELLEE BRIEF | View |
| 28 | 06/01/2022 | Oral Argument Request by Appellees | |
| 29 | 06/01/2022 | MOTION FOR ATTORNEY'S FEES | |
| 30 | 06/02/2022 | Rec'd correction to AEB (footnotes sz) | |
| 31 | 06/06/2022 | Rec'd 3 copies of AEB from CSD | |
| 32 | 06/15/2022 | Rec'd non-compliant RYBs; compliant RYB due 6/27/22 | |
| 33 | 06/15/2022 | Response Filed to Motion for Attorney's Fees | |
| 34 | 06/16/2022 | Motion for Attorney's Fees To Be Considered With the Merits | |
| 35 | 06/27/2022 | REPLY BRIEF | View |
| 36 | 07/06/2022 | Rec'd 3 copies of RYB from CSD | |
| 37 | 08/04/2022 | 8TH ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 3, 2022 (ENTRY NOS. 262-264) | |
| 38 | 08/05/2022 | AMENDED 8TH ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 4, 2022 (ENTRY NOS. 256-265) | |
| 39 | 08/12/2022 | Rec'd (2nd Order) of 3 copies of AEB back from CD | |
| 40 | 08/18/2022 | NOTICE OF ORAL ARGUMENT SENT | |
| 41 | 09/19/2022 | REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE | View |
| 42 | 09/19/2022 | ACTION WAS TAKEN BY AN INDIVIDUAL JUSTICE - Granted | |
| 43 | 09/26/2022 | APPEARANCES: Tyler J. Morrow; Waived under N.D.R.App.P. 34(f) | |
| 44 | 09/26/2022 | ARGUED: Tyler J. Morrow; Waived under N.D.R.App.P. 34(f) | |
| 45 | 09/26/2022 | ORAL ARGUMENT WEBCAST | |
| 46 | 11/10/2022 | DISPOSITION | |
| 47 | 11/10/2022 | UNANIMOUS OPINION : Jensen, Jon J. | View |
| 48 | 11/10/2022 | Costs on Appeal taxed in favor of Appellees | |
| 49 | 11/10/2022 | Judgment | View |
| 50 | 11/10/2022 | ACTION BY SUPREME COURT (Motion for Attorney's Fees) - Denied | |
| 51 | 12/02/2022 | MANDATE |