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: |
|
| 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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 Add Docket 20000038 RSS
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| 1 | | 02/11/2000 | |
NOTICE OF APPEAL: 02/10/2000 |
| 2 | | 02/11/2000 | |
ORDER FOR TRANSCRIPT: 02/10/2000 |
| 3 | | 02/15/2000 | |
Copy of Request for Transcript indicating Shelly Michaelson is the Court Reporter |
| 4 | | 03/09/2000 | |
RETENTION OF RECORD ON APPEAL: 03/31/2000 |
| 5 | | 03/29/2000 | |
TRANSCRIPT commencing October 26, 1999 (2 volumes) |
| 6 | | 03/29/2000 | |
DISK - TRA (10/26-29/99) |
| 7 | | 03/31/2000 | |
RECORD ON APPEAL (3 vols.) and Video Tape (NOT REC'D: #69-Affidavit of Arlan Mann-sealed & 90 |
| 8 | | 03/31/2000 | |
-Plaintiff's Exh. 1--Personal Property List, which clerk indicates was not sent) |
| 9 | | 04/26/2000 | |
Transcript dated 10-21-99 |
| 10 | | 04/27/2000 | |
DISK - TRA (10-21-99) |
| 11 | | 04/28/2000 | |
APPELLANT BRIEF |
| 12 | | 04/28/2000 | |
APPELLANT APPENDIX |
| 13 | | 05/01/2000 | |
DISK - ATB |
| 14 | | 05/03/2000 | |
Letter dated 5-2-00 re Robert J. Snyder not participating in appeal, tho would like to be notified |
| 15 | | 05/02/2000 | |
of oral argument |
| 16 | | 05/24/2000 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 17 | | 05/24/2000 | |
ACTION BY CLERK (Per PM RYB due June 15, 2000). Granted: 06/02/2000 |
| 18 | | 06/02/2000 | |
APPELLEE BRIEF |
| 19 | | 06/05/2000 | |
DISK - AEB |
| 20 | | 06/12/2000 | |
Request for Radio/TV Coverage (Associated Press) (Letter dated 6-08-00 from Jack McDonald) |
| 21 | | 06/19/2000 | |
APPEARANCES: Michael J. Maus; Ronald A. Reichert |
| 22 | | 06/19/2000 | |
ARGUED: Maus; Reichert (Vol. X; page 39) |
| 23 | | 08/18/2000 | |
DISPOSITION: REVERSED AND REMANDED |
| 24 | | 08/18/2000 | |
UNANIMOUS OPINION: Neumann, William A. |
| 25 | | 08/18/2000 | |
Costs on appeal taxed in favor of appellant |
| 26 | | 08/21/2000 | |
Order/Judgment Mailed to Parties |
| 27 | | 08/31/2000 | |
SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL DATED AUGUST 30, 2000. ENTRIES 168-170 |
| 28 | | 09/15/2000 | |
MANDATE |
| 29 | | 09/19/2000 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 30 | | 05/07/2007 | |
EXPUNGED - Nonpermanent record items destroyed |