Volker v. Nygaard

What the court wrote

Verbatim from the court's document (public domain). Ellipses mark omitted text; nothing is paraphrased.

II [¶1] Scott Volker appeals from a district court judgment dismissing his claims with prejudice as a Rule 11, [¶6] This Court must have jurisdiction to consider the merits N.D.R.Civ.P., sanction for repeatedly submitting fictitious, of an appeal. Desert Partners IV, L.P. v. Benson, 2014 ND AI-generated case citations. Danielle Hough, formerly known 192, ¶ 6, 855 N.W.2d 608. “The time limit for filing a notice as Danielle Nygaard, and Ahlaina Mohler moved to dismiss of appeal is jurisdictional.” Id. If this Court lacks jurisdiction, the appeal as untimely. We dismiss the appeal. the appeal must be dismissed. Holverson v. Lundberg, 2015 ND 225, ¶ 6, 869 N.W.2d 146. I III [¶2] Volker commenced this action against Hough and Mohler, who moved to dismiss the complaint at the district [¶7] Under N.D.R.App.P. 4(a)(1), a notice of appeal in a court. During the hearing on the motion, the court warned civil case “must be filed with the clerk of the supreme court Volker that his filings contained fictitious legal citations. within 60 days from service of notice of entry of the judgment Despite this warning, Volker filed additional briefs containing or order being appealed.” After the 60-day period expires, fictitious citations. The district court then issued an Order to this Court may extend the deadline for an additional 30 Show Cause. days upon a showing of excusable neglect or good cause. N.D.R.App.P. 4(a)(4). The “90-day limit, not the 60-day limit [¶3] At the Order to Show Cause hearing, the district court for filing notice of appeal, is jurisdictional.” City of Grand found that Volker had willfully defied the court and dismissed Forks v. Henderson, 297 N.W.2d 450, 451 (N.D. 1980). This the action with prejudice as a Rule 11 sanction. On May Court may not extend the time for appeal beyond the 90- 20, 2025, the district court entered an Order for Judgment day jurisdictional deadline. Id. Accordingly, the dispositive and Judgment dismissing Volker's claims with prejudice and

Authorities cited in the passage: L.P. v. Benson · We dismiss the appeal. the appeal must be dismissed. Holverson v. Lundberg · City of Grand found that Volker had willfully defied the court and dismissed Forks v. Henderson · Rule 11