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Posted by Sharon Anderson on Monday, February 10, 2014

Wednesday, September 23, 2009

Sharons Statement of Case 62cv09-1163 JudgeJohnVandenorth Appeal

FORM 133. STATEMENT OF THE CASE

STATE OF MINNESOTA

(IN SUPREME COURT

OR

IN COURT OF APPEALS)

CASE TITLE:

Appellant, STATEMENT OF THE CASE OF

(APPELLANT) (RESPONDENT)

TRIAL COURT CASE NUMBER:

vs.

APPELLATE COURT CASE NUMBER:

Respondent.

1. Court or agency of case origination and name of presiding judge or hearing officer.

2. Jurisdictional statement

(A) Appeal from district court.

Statute, rule or other authority authorizing appeal:

Date of entry of judgment or date of service of notice of filing of order from which appeal is

taken:

Authority fixing time limit for filing notice of appeal (specify applicable rule or statute):

Date of filing any motion that tolls appeal time:

Date of filing of order deciding tolling motion and date of service of notice of filing:

(B) Certiorari appeal.

Statute, rule or other authority authorizing certiorari appeal:

Authority fixing time limit for obtaining certiorari review (cite statutory section and date of

event triggering appeal time, e.g., mailing of decision, receipt of decision, or receipt of other

notice):

(C) Other appellate proceedings.

Statute, rule or other authority authorizing appellate proceeding:

Authority fixing time limit for appellate review (cite statutory section and date of event

triggering appeal time, e.g., mailing of decision, receipt of decision, or receipt of other

notice):

(D)Finality of order or judgment.

Does the judgment or order to be reviewed dispose of all claims by and against all parties,

including attorney fees? Yes ( ) No ( )

If no:

Did the district court order entry of a final partial judgment for immediate appeal pursuant to

MINN. R. CIV. APP. P. 104.01? Yes ( ) No ( ) or

If yes, provide date of order:

If no, is the order or judgment appealed from reviewable under any exception to the finality

rule? Yes ( ) No ( )

If yes, cite rule, statute, or other authority authorizing appeal:

(E) Criminal only:

Has a sentence been imposed or imposition of sentence stayed? Yes ( ) No ( )

If no, cite statute or rule authorizing interlocutory appeal:

3. State type of litigation and designate any statutes at issue.

4. Brief description of claims, defenses, issues litigated and result below. For criminal cases,

specify whether conviction was for a misdemeanor, gross misdemeanor, or felony offense.

5. List specific issues proposed to be raised on appeal.

6. Related appeals.

List all prior or pending appeals arising from the same action as this appeal. If none, so state.

List any known pending appeals in separate actions raising similar issues to this appeal. If

none are known, so state.

7. Contents of record.

Is a transcript necessary to review the issues on appeal? Yes ( ) No ( )

If yes, full ( ) or partial ( ) transcript?

Has the transcript already been delivered to the parties and filed with the trial court

administrator? Yes ( ) No ( )

If not, has it been ordered from the court reporter? Yes ( ) No ( )

If a transcript is unavailable, is a statement of the proceedings under Rule 110.03 necessary?

Yes ( ) No( )

In lieu of the record as defined in Rule 110.01, have the parties agreed to prepare a statement

of the record pursuant to Rule 110.04? Yes ( ) No ( )

8. Is oral argument requested? Yes ( ) No ( )

If so, is argument requested at a location other than that provided in Rule 134.09, subd. 2?

Yes ( ) No ( )

If yes, state where argument is requested:

9. Identify the type of brief to be filed.

Formal brief under Rule 128.02. ( )

Informal brief under Rule 128.01, subd. 1 (must be accompanied by motion to accept unless

submitted by claimant for reemployment benefits). ( )

Trial memoranda, supplemented by a short letter argument, under Rule 128.01, subd. 2. ( )

10. Names, addresses, zip codes and telephone numbers of attorney for appellant and respondent.

NAME, ADDRESS, ZIP CODE, TELEPHONE NUMBER, AND ATTORNEY

REGISTRATION LICENSE NUMBER OF ATTORNEY(S) FOR (APPELLANT)

(RESPONDENT)

________________________________________________

SIGNATURE

OR, IF NOT REPRESENTED BY COUNSEL:

NAME, ADDRESS, ZIP CODE AND TELEPHONE NUMBER OF (APPELLANT)

(RESPONDENT)

________________________________________________

SIGNATURE (OF APPELLANT) (OF RESPONDENT)

Dated:

(The Statement of Case is not a jurisdictional document, but it is important to the proper and

efficient processing of the appeal by the appellate courts. The "jurisdictional statement" section

is intended to provide sufficient information for the appellate court to easily determine whether

the order or judgment is appealable and if the appeal is timely. The nature of the proceedings

below and the notice of appeal determine the jurisdiction of the appellate court. The sections

requesting information about the issues litigated in the lower court or tribunal, and the issues

proposed to be raised on appeal are for the court's information, and do not expand or limit the

issues that might be addressed on appeal. Likewise, the section asking counsel to identify and

prior or pending appeals from the same case, and any separate appeals that raise similar issues is

intended to provide more information about the procedural history of the case and to ensure that

the court has early notice of other pending related matters in case consolidation is appropriate

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