Overboe v. Brodshaug

11:00am Friday, January 4, 2008
20070263 David A. Overboe, Plaintiff and Appellant
v.
Susanne Brodshaug, Defendant and Appellee
Appeal from: East Central Judicial District, Cass County, Judge Cynthia Rothe-Seeger
Nature of Action: Contracts
Counsel:

Appellant: Pro se
Appellee: Ohnstad Twichell, P.C.

Issues: Appellant's Statement of the Issues:
I. Whether the Order by the Honorable John C. Irby dated December 1, 2006, vacating the Judgment entered against Brodshaug, March 4, 2004, and the case reopened for adjudication was an abuse of discretion.
II. Whether the Court, the Honorable Cynthia Rothe-Seeger abused it's discretion by failing to dismiss Brodshaug's negligence and malpractice claim against Overboe because the time limit for making such claims had expired.
III. Whether the Court abused it's discretion in permitting Attorney Fraase to testify as an expert witness.
IV. Whether the Court made Findings that are clearly erroneous.
V. Whether the court erred in concluding that the manner in which service charges were applied was usurious.
Appellee's Statement of the Issues:
Granting defendant's Rule 60(b) motion was not an abuse of discretion.
The decision to allow expert witness, Mark Fraase, to testify was not an abuse of discretion.
The trial courts findings of fact are not clearly erroneous.
The interest charged by Mr. Overboe is usurious under N.D.C.C. 47-14-09 and N.D.C.C. 47-14-10.
Ms. Brodshaug never asserted a claim or counterclaim for negligence or malpractice.
Briefs:
Case Summary
Appellant Brief
Appellee Brief
Listen to recording of oral argument
using RealPlayer Basic,^© a free download.

Go to Docket

Generated from Supreme Court Docket on 01/31/2008