Schmidt v. Hageness, et al.
- Kathy Schmidt, Plaintiff and Appellant
Margaret Hageness, Patrick Hageness;
Patricia Slaubaugh, Bonnie Strand,
Elaine Hornaday, Defendants
Lutheran Social Services ,
Guardian of Shirley M. Hageness,
Scott Landa Lutheran Social Services,
Eryn Jager Lutheran Social Services,
Diane Osland Lutheran Social Services
and any and unknown parties, Defendants and Appellees
- Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
Case No. 2021-CV-00047
Northeast Judicial District, Pierce County
Anthony Swain Benson
Parties' Statement of Issues
1. Did the Lower Court improperly deny the Plaintiff's request for oral argument and hearing.
2. Did the Lower Court deny Plaintiff the rightto discovery.
3. Did the Lower Court err as a matter of law by concluding that the action was barred by resjudicata and dismissing the case. I have never had a hearing on the land in this quiet title action.
4. I was denied due process. My Request for hearings and oral argument were ignored The Order/Judgement improperly denied my rights to have a hearing in the matter of this Quiet titlie action and due process. New evidence was submitted and had never had a hearing, or testimony, or litigation, review, and cross examination and discovery. I do have a standing ownership in the Quiet title action. The complaint was never pleaded
Standing and new evidence was never heard or litigated.
Issues of Appellee Scott Landa:
Whether the District Court erred in granting Defendants’ Motions to Dismiss.
Issues of Appellee Lutheran Social Services, Guardian of S.M.H., Eryn Jager, and Diane Osland:
ISSUE A: Whether the district court properly determined that Schmidt lacked standing to maintain this quiet title action.
ISSUE B: Whether the district court afforded Schmidt the process she was due.
Kathy Schmidt appeals after the district court entered a judgment dismissing her quiet title action with prejudice.
In June 2021, Schmidt brought an action against multiple defendants including, among others, Lutheran Social Services (“LSS”), two LSS employees, and Scott Landa seeking to quiet title in certain Pierce county real property. Landa moved to dismiss the action, arguing he is not an appropriate party because he has no interest in the property, he is not an employee of LSS, and the action is barred by res judicata. LSS and the two named employees moved to dismiss, arguing the two LSS employees are not appropriate parties because they have no interest in the property, Schmidt lacks standing, and the action is barred by res judicata. None of the moving parties requested a hearing. The district court granted the defendants’ motions based on the lack of standing and res judicata. A judgment of dismissal with prejudice was entered.
On appeal, Schmidt argues the district court improperly denied her request for oral argument and hearing, denied her the right to discovery, and erred as a matter of law in concluding the action was barred by res judicata and dismissing the case. Schmidt also contends she was denied her constitutional right of due process.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||07/24/2022||NOTICE OF APPEAL : 07/24/2022|
|2||07/24/2022||Notice of Appeal dated July 24, 2022, Received|
|3||08/01/2022||Received filing fee|
|4||08/11/2022||FEE - NOT. OF APPEAL VOID; FAILED TO PAY FILING FEE (See Order to File Notice of Appeal)|
|5||08/11/2022||Order/Judgment Sent to Parties|
|6||08/15/2022||Order to File Notice of Appeal|
|7||08/16/2022||Amended No Fee Order Entered|
|8||08/16/2022||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|9||08/16/2022||Notice served on Kathy Schmidt, Ronald I. Galstad, Lawrence E. King, Scott J. Landa,|
|10||08/16/2022||Patrick E. Hageness, Patricia Slaubaugh, Bonnie Strand, & Elaine Hornaday|
|11||08/18/2022||ELEC. RECORD ON APPEAL DATED AUGUST 17, 2022 (ENTRY NOS. 1-132)|
|12||08/29/2022||1ST ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 29, 2022 (ENTRY NOS. 133-134)|
|13||09/02/2022||Non-Compliant ATB rec'd; given until 9/12/22 to revise (length)|
|14||09/09/2022||ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W.|
|16||09/12/2022||Oral Argument Request by Appellant|
|17||09/16/2022||Rec'd 3 copies of ATB from CSD|
|18||10/10/2022||APPELLEE BRIEF (Scott Landa)||View|
|19||10/11/2022||APPELLEE BRIEF (Lutheran Social Services (LSS), Eryn Jager, & Diane Osland)||View|
|20||10/11/2022||Rec'd c.o.s. of aeb (Scott Landa) on additional parties|
|21||10/13/2022||Rec'd 3 copies of AEB from CSD (Scott Landa)|
|22||10/13/2022||Rec'd 3 copies of AEB from CSD (Lutheran Social Services (LSS), Eryn Jager, & Diane Osland)|
|23||10/19/2022||NOTICE OF ORAL ARGUMENT SENT|
|24||10/20/2022||Intent to Particpate in Oral Argument by Lutheran Social Services (LSS), Eryn Jager, & Diane Osland||View|
|25||10/21/2022||SITTING WITH THE COURT : Nelson, David W.|
|26||10/21/2022||Intent to Particpate in Oral Argument by Scott Landa||View|
|27||10/25/2022||S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY|
|28||11/28/2022||APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(e)|
|29||11/28/2022||ARGUED: Waived under N.D.R.App.P. 34(a)(1)(e)|