Rent Daddy’s, LLC v. Gamel

Summary

The North Dakota Supreme Court summarily affirmed an eviction judgment against Jessica Gamel. The court held that her argument concerning the automatic stay was inadequately briefed and that her remaining claims, including retaliation, property disposal, emotional-support-animal seizure, and habitability allegations, could not be asserted as counterclaims or defenses in the eviction proceeding.

Holdings

1. Gamel waived the argument because her appellate brief lacked record citations and sufficient factual or legal analysis and therefore failed to satisfy the minimum requirements of N.D.R.App.P. 28.
2. Gamel’s remaining claims, whether characterized as counterclaims or defenses, could not be brought in the eviction proceeding because they were not permissible setoffs for damages, rent, or profits arising from possession.

Questions Presented

1. Whether Gamel adequately preserved and briefed her argument that Rent Daddy’s violated N.D.R.Civ.P. 62(a) by executing the eviction during the automatic stay period.
2. Whether Gamel’s claims concerning property disposal, retaliation, wrongful seizure of an emotional-support animal, and uninhabitable conditions could be asserted as counterclaims or defenses in the eviction proceeding.
3. Whether the district court’s eviction judgment should be summarily affirmed.

Disposition

affirmed