Matrix Properties, Corp. v. TAG Investments
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| 20000192 |
Matrix Properties Corporation, a
Minnesota corporation, formerly
known as E.W. Wylie Corporation, Plaintiff and Appellee
v.
TAG Investments, a North Dakota
partnership, and James A. Grettum,
an individual resident of North
Dakota, Defendants and Appellants
|
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Frank L. Racek |
|
Nature of Action: |
Contracts
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| Counsel: |
|
| Term: |
11/2000 Argument: 11/02/2000 02:45pm
|
| ND cite: |
2000 ND 213
|
| NW cite: |
622 N.W.2d 432
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|
| Issues: |
Appellant's Statement of the Issues:
1. Did the District Court of Cass County, North Dakota, have jurisdiction over the subject matter and parties when it issued its Order of June 26, 2000?
2. Did the District Court of Cass County, North Dakota, provide Defendants- Appellants with due process of law when it issued its Order of June 26, 2000?
3. Can a final judgment, affirmed by the Supreme Court of North Dakota, be amended without compliance with Rules 52, 59, or 60 of the North Dakota Rules of Civil Procedure?
4. Was Matrix Properties Corporation required to initiate a new action or declaratory judgment action to obtain the relief requested in its motion?
5. Did the lower court err in its interpretation of Paragraph 7(a) of the Option to Purchase?
6. Is there a "prior Order" finding that the exercise of the option in July of 1999 created a binding executory contract, and if so, would that excuse the payment of option monies?
7. Has Matrix Properties Corporation complied with the terms of the Option to Purchase or has its actions resulted in a counteroffer and/or a default under the terms of the option?
8. Has the Option to Purchase terminated?
Appellee's Statement of the Issues:
Whether the trial court erred in ruling that Plaintiff/Appellee Matrix Properties Corporation did not owe option money to Defendants/Appellants TAG Investments and James A. Grettum in the year 2000 and that Matrix's valid and timely exercise of the
option in July of 1999 created a binding executory contract for the purchase and sale of real property as found by prior Order of the Court.
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 Add Docket 20000192 RSS
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| 1 | | 07/05/2000 | |
PETITION FOR SUPERVISORY WRIT, BRIEF IN SUPPORT AND APPENDIX |
| 2 | | 07/05/2000 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 3 | | 07/06/2000 | |
Ltr from Sidney Spaeth stating he would respond if Ct would like a reponse, dtd 7-5-00 |
| 4 | | 07/06/2000 | |
NOTICE OF APPEAL: 07/03/2000 |
| 5 | | 07/06/2000 | |
ORDER FOR TRANSCRIPT: 07/03/2000 |
| 6 | | 07/07/2000 | |
DISK - Brief in Support of Pet. for Supervisory Writ |
| 7 | | 07/13/2000 | |
ACTION BY SUPREME COURT (PETITION FOR SUPERVISORY WRIT). Denied |
| 8 | | 07/13/2000 | |
Order Mailed to Parties (re Petition) |
| 9 | | 07/19/2000 | |
MOTION TO DISMISS APPEAL & BRIEF IN SUPPORT. RspDue: 07/31/2000 |
| 10 | | 07/31/2000 | |
Appellants' Reply to Appellee's Motion to Dismiss |
| 11 | | 07/31/2000 | |
DISK - Appellants' Reply |
| 12 | | 08/03/2000 | |
RECORD ON APPEAL(separates 4, 8, 50, 66, 77, 78, 83, 105 & 106) Not rec'd-27, 55, 70, 95 110(tapes) |
| 13 | | 08/09/2000 | |
Supreme Court Order dated 8-09-00 (action on the Mot. to Dismiss deferred until after oral argument |
| 14 | | 08/09/2000 | |
on the merits) - DISTRIBUTE w/BRIEFS |
| 15 | | 08/19/2000 | |
TRANSCRIPT DATED 6-22-00 |
| 16 | | 08/21/2000 | |
DISK - TRA dated 6-22-00 |
| 17 | | 09/01/2000 | |
MOTION FOR Supervisory Writ, Brief in Support & Affidavit of Sidney Spaeth (Response due by NOON). RspDue: 09/12/2000 |
| 18 | | 09/06/2000 | |
Affidavit of Personal Service of Motion for Supervisory Writ |
| 19 | | 09/12/2000 | |
Response of Tag Investments & James A. Grettum; Affidavit of James A. Grettum, and Addendum (Also |
| 20 | | 09/12/2000 | |
one copy of letter signed by Sidney Spaeth dated 1-10-20, along with hundreds of pages of documents |
| 21 | | 09/12/2000 | |
referred to in Footnote 37 of Appellants' Response of TAG Investments and James A. Grettum) |
| 22 | | 09/25/2000 | |
Plaintiff's Notice of Motion and Motion for an Order Compelling Defendants to Provide Deeds to |
| 23 | | 09/25/2000 | |
Plaintiff, or, Alternatively, Declaring the Judicial Transfer of the Property to Plaintiff; |
| 24 | | 09/25/2000 | |
Brief in Support; Proposed Order; Brief in Resistance to Plaintiff's Mot.; Affidavit of James A. |
| 25 | | 09/25/2000 | |
Grettum; Reply Brief in Support of Mot.; Transcript dated 7-19-00 |
| 26 | | 09/27/2000 | |
ACTION BY SUPREME COURT (MOT w/o prejudice). Denied |
| 27 | | 09/27/2000 | |
Clerk's Supplemental Certificate of Appeal dated 9-25-00 (Entry Nos. 112 & 113, includes original |
| 28 | | 09/27/2000 | |
Transcript dated July 19, 2000) |
| 29 | | 09/28/2000 | |
APPELLANT BRIEF |
| 30 | | 09/28/2000 | |
APPELLANT APPENDIX |
| 31 | | 09/29/2000 | |
DISK - atb (identified as 20000192.at1 in J:Briefs00) |
| 32 | | 10/04/2000 | |
Pages 59 & 60 for ATB |
| 33 | | 10/10/2000 | |
APPELLEE BRIEF |
| 34 | | 10/16/2000 | |
DISK - AEB |
| 35 | | 10/24/2000 | |
SITTING WITH THE COURT: Hodny, William F. |
| 36 | | 10/26/2000 | |
REPLY BRIEF |
| 37 | | 10/27/2000 | |
DISK - ryb |
| 38 | | 11/02/2000 | |
APPEARANCES: Jonathan T. Garaas; Sidney J. Spaeth |
| 39 | | 11/02/2000 | |
ARGUED: Garaas; Spaeth (Vol. X; page 79) |
| 40 | | 11/15/2000 | |
Clerk's Supp. Cert. of ROA dated November 14, 2000 (entries 114-125 attach)(Not rec'd-121/tape) |
| 41 | | 11/16/2000 | |
MOTION TO VACATE DISTRICT COURT ORDER, BRIEF & ADDENDUM |
| 42 | | 11/22/2000 | |
ACTION BY SUPREME COURT (MOT/vacate). Denied |
| 43 | | 12/12/2000 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 44 | | 12/12/2000 | |
UNANIMOUS OPINION: , Per Curiam |
| 45 | | 12/12/2000 | |
Per opinion, double costs on appeal awarded to Appellee, Matrix, under Rules 38 & 39 |
| 46 | | 12/12/2000 | |
NO SEPARATE ACTION TAKEN ON MOTION TO DISMISS APPEAL |
| 47 | | 12/12/2000 | |
Order/Judgment Mailed to Parties |
| 48 | | 12/22/2000 | |
PETITION FOR REHEARING |
| 49 | | 12/22/2000 | |
with attached addendum |
| 50 | | 12/26/2000 | |
DISK - PER |
| 51 | | 12/26/2000 | |
Clerk's Supp. Cert of ROA dated December 15, 2000 with entries 126-141 & 143 attached |
| 52 | | 01/03/2001 | |
Entry Nos. 105 & 106 sent to J. Racek, pursuant to his request - will be returned |
| 53 | | 01/17/2001 | |
Supplemental Clerk's Certificate dated 1-16-01 (Entry Nos. 105 & 106 -- Refiled after being |
| 54 | | 01/17/2001 | |
returned to clerk's office by Judge Racek.)(also filed in 20000356) |
| 55 | | 01/17/2001 | |
Supplemental Clerk's Certificate dated 1/16/01 (Entry Nos. 144-190, includes 2 transcripts)(Not |
| 56 | | 01/17/2001 | |
received: #173-Tape)(also filed in 20000356) |
| 57 | | 02/05/2001 | |
ACTION BY SUPREME COURT (Petition for Rehearing). Denied |
| 58 | | 02/19/2001 | |
MANDATE |
| 59 | | 02/20/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 60 | | 06/18/2007 | |
EXPUNGED - Nonpermanent record items destroyed |