Mann v. Zabolotny

20000038 Arlan Mann and
Laurie Mann, Plaintiffs
v.
Anton "Tony" Zabolotny,
Bernel Zabolotny, Defendants and Appellants
and
John Mueller, Defendant and Appellee

Appeal from: District Court, Southwest Judicial District, Dunn County
Judge Maurice R. Hunke
Nature of Action: Contracts
Counsel:
Appellant: Hardy, Maus & Nordsven, P.C.
Appellee: #Reichert, Herauf & Buresh, P.C.
Term: 06/2000   Argument: 06/19/2000  10:45am
ND cite: 2000 ND 160
NW cite: 615 N.W.2d 526


Issues: Appellant's Statement of the Issues:
1. Was the Court correct in denying John Mueller's motion for indemnity?
2. Did the trial court abuse its discretion under the facts in this case in amending Mueller's Cross-Claim from a claim for indemnity to a claim for breach of contract after the trial without notice to the parties.
3. Did the Court err in finding sufficient evidence to support a conclusion that Zabolotnys breached their contract with Mueller.

Appellee's Statement of the Issues:
1. Did the trial court abuse its discretion when it amended the motion for indemnification for the Appellee on a breach of contract theory?
2. Did the trial court have sufficient evidence to support its finding that Appellants breached their contract with the Appellee?

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Docket entries:
102/11/2000 NOTICE OF APPEAL: 02/10/2000
202/11/2000 ORDER FOR TRANSCRIPT: 02/10/2000
302/15/2000 Copy of Request for Transcript indicating Shelly Michaelson is the Court Reporter
403/09/2000 RETENTION OF RECORD ON APPEAL: 03/31/2000
503/29/2000 TRANSCRIPT commencing October 26, 1999 (2 volumes)
603/29/2000 DISK - TRA (10/26-29/99)
703/31/2000 RECORD ON APPEAL (3 vols.) and Video Tape (NOT REC'D: #69-Affidavit of Arlan Mann-sealed & 90
803/31/2000 -Plaintiff's Exh. 1--Personal Property List, which clerk indicates was not sent)
904/26/2000 Transcript dated 10-21-99
1004/27/2000 DISK - TRA (10-21-99)
1104/28/2000 APPELLANT BRIEF
1204/28/2000 APPELLANT APPENDIX
1305/01/2000 DISK - ATB
1405/03/2000 Letter dated 5-2-00 re Robert J. Snyder not participating in appeal, tho would like to be notified
1505/02/2000 of oral argument
1605/24/2000 MOT. EXT/TIME APPELLEE BRIEF
1705/24/2000 ACTION BY CLERK (Per PM RYB due June 15, 2000). Granted: 06/02/2000
1806/02/2000 APPELLEE BRIEF
1906/05/2000 DISK - AEB
2006/12/2000 Request for Radio/TV Coverage (Associated Press) (Letter dated 6-08-00 from Jack McDonald)
2106/19/2000 APPEARANCES: Michael J. Maus; Ronald A. Reichert
2206/19/2000 ARGUED: Maus; Reichert (Vol. X; page 39)
2308/18/2000 DISPOSITION: REVERSED AND REMANDED
2408/18/2000 UNANIMOUS OPINION: Neumann, William A.
2508/18/2000 Costs on appeal taxed in favor of appellant
2608/21/2000 Order/Judgment Mailed to Parties
2708/31/2000 SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL DATED AUGUST 30, 2000. ENTRIES 168-170
2809/15/2000 MANDATE
2909/19/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3005/07/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/02/2014