Kluver, et al. v. SGJ Holdings, et al.
Docket No. 20220132
Oral Argument:
Thursday, January 5, 2023 10:45 AM
Docket Info
- Title
- Shawn Kluver, Seven Star Holdings, LLC, and
Little Knife Disposal, LLC, Plaintiffs and Appellees
v.
SGJ Holdings, LLC, GO Capital, LLC, 3DP, LLC,
Environmental Driven Solutions, LLC, Renewable
Resources, LLC, Gary Olsen, K. Jayce Howell, and
Jeff Bennett, Defendants and Appellants - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 2018-CV-00105
Southwest Judicial District, Dunn County
William A. Herauf
2023 ND 65988 N.W.2d 569
Oral Argument
1/5/2023
Highlight
A party moving for a new trial is limited on appeal to the issues raised in its new trial motion.
A district court considering a new trial motion based on insufficiency of the evidence may set aside a jury verdict when, in considering and weighing all the evidence, the court’s judgment tells it the verdict is wrong because it is manifestly against the weight of the evidence.
A qualified privilege does not provide immunity from liability for defamation if the privilege is abused. To defeat a qualified privilege under N.D.C.C. § 14-02-05(3), the plaintiff must prove actual malice by showing the statement was made with malice in fact, ill will, or wrongful motive.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/05/2022 | NOTICE OF APPEAL : 05/05/2022 | |
| 2 | 05/05/2022 | ORDER FOR TRANSCRIPT : 05/20/2022 | |
| 3 | 05/19/2022 | Filing Fee Rec'd | |
| 4 | 05/20/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 05/20/2022 | Notice Served on Christina A. Sambor, Carey A. Goetz, & Ariston E. Johnson | |
| 6 | 06/15/2022 | ELEC. RECORD ON APPEAL DATED JUNE 14, 2022 (ENTRY NOS. 1-697) | |
| 7 | 06/23/2022 | Suspension of Preparation of Transcript filed by Tyler Culver | |
| 8 | 06/23/2022 | S.Ct. Not. of Dismissal/Failure to Proceed - RspDue : 07/05/2022 | |
| 9 | 06/28/2022 | Resumption of Preparation of Transcript dated June 28, 2022 by Tyler Culver | |
| 10 | 06/29/2022 | Response Filed to S.Ct. Not. of Dismissal/Failure to Proceed | |
| 11 | 06/30/2022 | ACTION BY CHIEF DEPUTY CLERK (S.Ct. Not. of Dismissal/Failure to Proceed) - Denied | |
| 12 | 07/19/2022 | MOT. EXT/TIME TRANSCRIPT | |
| 13 | 07/19/2022 | ACTION BY TRIAL COURT - Granted : 08/18/2022 | |
| 14 | 07/20/2022 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED JULY 19, 2022 (ENTRY NOS. 698-699) | |
| 15 | 07/21/2022 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED JULY 20, 2022 (ENTRY NOS. 700-701) | |
| 16 | 08/18/2022 | SECOND MOT. EXT/TIME TRANSCRIPT | |
| 17 | 08/19/2022 | ACTION BY CHIEF DEPUTY CLERK - Granted : 09/06/2022 | |
| 18 | 09/06/2022 | All Transcripts Filed in Record | |
| 19 | 09/08/2022 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 7, 2022 (ENTRY NOS. 703-711) | View |
| 20 | 09/09/2022 | AMENDED 3RD ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 8, 2022 (ENTRY NOS. 702-712) | View |
| 21 | 10/10/2022 | 4TH ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 7, 2022 (ENTRY NOS. 713-715) | View |
| 22 | 10/12/2022 | Notice of Appearance by Michael T. Andrews as co-counsel for Appellants | |
| 23 | 10/13/2022 | MOT. EXT/TIME APPELLANT BRIEF | View |
| 24 | 10/13/2022 | ACTION BY CHIEF DEPUTY CLERK - Granted : 11/14/2022 | |
| 25 | 11/11/2022 | SECOND MOT. EXT/TIME APPELLANT BRIEF | View |
| 26 | 11/11/2022 | AMENDED SECOND MOT. EXT/TIME APPELLANT BRIEF | View |
| 27 | 11/15/2022 | NO ACTION TAKEN (SECOND MOT. EXT/TIME) | |
| 28 | 11/15/2022 | ACTION BY CHIEF JUSTICE (AMENDED SECOND MOT. EXT/TIME) - Granted : 11/16/2022 | |
| 29 | 11/14/2022 | Non-compliant ATB rec'd (length); given until 11/21/22 to revise | |
| 30 | 11/22/2022 | APPELLANT BRIEF | View |
| 31 | 11/21/2022 | Oral Argument Request by Appellant | |
| 32 | 11/28/2022 | Rec'd 3 copies of ATB from CSD | |
| 33 | 12/13/2022 | APPELLEE BRIEF | View |
| 34 | 12/13/2022 | Oral Argument Request by Appellee | |
| 35 | 12/15/2022 | Rec'd 3 copies of AEB from CSD | |
| 36 | 12/20/2022 | NOTICE OF ORAL ARGUMENT SENT | |
| 37 | 12/21/2022 | MOT. EXT/TIME REPLY BRIEF | View |
| 38 | 12/22/2022 | THIS ACTION WAS TAKEN BY AN INDIVIDUAL JUSTICE (DUE BY 4:00 P.M.) - Granted : 12/30/2022 | |
| 39 | 12/30/2022 | REPLY BRIEF | View |
| 40 | 01/03/2023 | Rec'd 3 copies of RYB from CSD | |
| 41 | 01/05/2023 | APPEARANCES: Christina A. Sambor, Carey A. Ziemann Goetz & Ariston E. Johnson | |
| 42 | 01/05/2023 | ARGUED: Christina A. Sambor & Ariston E. Johnson | |
| 43 | 01/05/2023 | ORAL ARGUMENT WEBCAST | |
| 44 | 03/31/2023 | DISPOSITION | |
| 45 | 03/31/2023 | UNANIMOUS OPINION : Tufte, Jerod E. | View |
| 46 | 03/31/2023 | Costs on appeal taxed in favor of Appellee | |
| 47 | 03/31/2023 | Judgment | View |
| 48 | 04/13/2023 | PETITION FOR REHEARING | View |
| 49 | 04/14/2023 | Rec'd 4 copies of PER from CSD | |
| 50 | 05/02/2023 | ACTION BY SUPREME COURT - Denied | View |
| 51 | 05/10/2023 | MANDATE |