Pfeifle v. Tanabe

20000134 Leslie Pfeifle, f/k/a
Leslie Miller, Plaintiff and Appellant
v.
Curtis Tanabe, Defendant and Appellee

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Joel D. Medd
Nature of Action: Contracts
Counsel:
Appellant: Pearson Christensen & Clapp, PLLP
Appellee: Reis Law Firm, PC
Term: 11/2000   Argument: 11/16/2000  1:30pm
ND cite: 2000 ND 219
NW cite: 620 N.W.2d 167


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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Docket entries:
105/03/2000 NOTICE OF APPEAL: 04/25/2000
205/03/2000 ORDER FOR TRANSCRIPT: 04/25/2000
305/22/2000 RECORD ON APPEAL - separates 49(diagram), 50(transcript), 53/54(brief) Not rec'd-short hand notes
405/26/2000 MOT. EXT/TIME APPELLANT BRIEF (letter dated 5/26/2000)
505/26/2000 ACTION BY CLERK. Granted: 06/06/2000
606/09/2000 TRANSCRIPT COMMENCING 11-30-99 (Vols. I & II)
706/12/2000 DISK - TRA commencing 11-30-99 (Vols. I & II - NOTE: problem w/Vol. I - had to have it transmitted
806/12/2000 via e-mail and saved on a disk; therefore, there is a disk for each Vol.)
907/19/2000 APPELLANT APPENDIX
1007/20/2000 DISK - ATB
1107/24/2000 APPELLANT BRIEF
1207/24/2000 DISK - ATB Corrected
1308/24/2000 APPELLEE BRIEF
1408/25/2000 DISK - AEB
1509/01/2000 Corrected TOA, pages 11, 17, & 21 of AEB
1609/01/2000 DISK - corrected AEB
1709/11/2000 REPLY BRIEF
1809/12/2000 DISK - RYB
1911/16/2000 APPEARANCES: Jon J. Jensen, Jeffrey L. Skaare; Grant H. Shaft
2011/16/2000 ARGUED: Jensen; Shaft (Vol. X; page 82)
2112/21/2000 DISPOSITION: AFFIRMED
2212/21/2000 UNANIMOUS OPINION: Kapsner, Carol Ronning
2312/21/2000 Costs on appeal taxed in favor of appellee
2412/22/2000 Order/Judgment Mailed to Parties
2501/12/2001 MANDATE
2601/18/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2705/25/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/21/2014