Charles Sargent Irrigation Inc. v. Pohlmeier

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Charles Sargent Irrigation Inc. v. Pohlmeier

Case Number
Court Number
Call Date
March 12, 2019
Case Time
1:00 PM
Case Summary

A-17-1231, Charles Sargent Irrigation, Inc. d/b/a Sargent Drilling v. Mary M. Pohlmeier (appellant)

Fillmore County, District Judge Vicky L. Johnson

Attorney for Appellant:  Travis Penn (Penn Law Firm LLC)

Attorney for Appellee:  Charles W. Campbell (Angle, Murphy & Campbell, P.C., L.L.O.)

Civil Action:  breach of contract/default judgment

Action Taken by Trial Court:  The district court entered a default judgment in favor of Charles Sargent Irrigation and against Mary M. Pohlmeier as a sanction for Pohlmeier’s failure to respond to discovery requests and struck Pohlmeier’s counterclaim. The court denied Pohlmeier’s motion to vacate the default judgment and motion to alter or amend.

Assignments of Error on Appeal:  On appeal, Pohlmeier assigns the district court (1) lacked authority to modify its March 10, 2016 judgment on January 5, 2017; (2) erred when it denied her objection to the confirmation of sale; (3) erred when it issued sanctions improperly and failed to set aside those sanctions; and (4) erred when awarding pre-judgment interest because the claim was not liquidated.

Case Location
Court Type
District Court
Schedule Code
Panel Text
Moore, Chief Judge, Riedmann, and Bishop, Judges