Pfeifle v. Tanabe
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| 20000134 |
Leslie Pfeifle, f/k/a
Leslie Miller, Plaintiff and Appellant
v.
Curtis Tanabe, Defendant and Appellee
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
11/2000 Argument: 11/16/2000 01:30pm
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| ND cite: |
2000 ND 219
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| NW cite: |
620 N.W.2d 167
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the District Court erred in its determination that Tanabe had not breached the terms of his lease with Pfeifle.
II. Whether the District Court erred by determining that Pfeifle was not entitled to compensation for fixtures removed from the leased premises.
Appellee's Statement of the Issues:
Whether the District Court's factual findings were clearly erroneous when it determined that the culmination of disturbances with Dr. Tanabe's rights to quiet enjoyment and possession of the leased premises by Pfeile, or by others acting within her
control, entitled Dr. Tanabe to terminate the lease and vacate the premises pursuant to the provisions of Sections 47-16-08 and 47-16-17 of the North Dakota Century Code and under the doctrine of constructive eviction.
Whether the District Court erred in its determination that the dental cabinets were trade fixtures belonging to Dr. Tanabe and rightfully removed by him when he vacated the premises.
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 Add Docket 20000134 RSS
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| 1 | | 05/03/2000 | |
NOTICE OF APPEAL: 04/25/2000 |
| 2 | | 05/03/2000 | |
ORDER FOR TRANSCRIPT: 04/25/2000 |
| 3 | | 05/22/2000 | |
RECORD ON APPEAL - separates 49(diagram), 50(transcript), 53/54(brief) Not rec'd-short hand notes |
| 4 | | 05/26/2000 | |
MOT. EXT/TIME APPELLANT BRIEF (letter dated 5/26/2000) |
| 5 | | 05/26/2000 | |
ACTION BY CLERK. Granted: 06/06/2000 |
| 6 | | 06/09/2000 | |
TRANSCRIPT COMMENCING 11-30-99 (Vols. I & II) |
| 7 | | 06/12/2000 | |
DISK - TRA commencing 11-30-99 (Vols. I & II - NOTE: problem w/Vol. I - had to have it transmitted |
| 8 | | 06/12/2000 | |
via e-mail and saved on a disk; therefore, there is a disk for each Vol.) |
| 9 | | 07/19/2000 | |
APPELLANT APPENDIX |
| 10 | | 07/20/2000 | |
DISK - ATB |
| 11 | | 07/24/2000 | |
APPELLANT BRIEF |
| 12 | | 07/24/2000 | |
DISK - ATB Corrected |
| 13 | | 08/24/2000 | |
APPELLEE BRIEF |
| 14 | | 08/25/2000 | |
DISK - AEB |
| 15 | | 09/01/2000 | |
Corrected TOA, pages 11, 17, & 21 of AEB |
| 16 | | 09/01/2000 | |
DISK - corrected AEB |
| 17 | | 09/11/2000 | |
REPLY BRIEF |
| 18 | | 09/12/2000 | |
DISK - RYB |
| 19 | | 11/16/2000 | |
APPEARANCES: Jon J. Jensen, Jeffrey L. Skaare; Grant H. Shaft |
| 20 | | 11/16/2000 | |
ARGUED: Jensen; Shaft (Vol. X; page 82) |
| 21 | | 12/21/2000 | |
DISPOSITION: AFFIRMED |
| 22 | | 12/21/2000 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 23 | | 12/21/2000 | |
Costs on appeal taxed in favor of appellee |
| 24 | | 12/22/2000 | |
Order/Judgment Mailed to Parties |
| 25 | | 01/12/2001 | |
MANDATE |
| 26 | | 01/18/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 27 | | 05/25/2007 | |
EXPUNGED - Nonpermanent record items destroyed |