Matrix Properties, Corp. v. TAG Investments

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
Counsel:
Appellant: Garaas Law Firm
Appellee: Vogel Law Firm
Term: 11/2000   Argument: 11/02/2000  2:45pm
ND cite: 2000 ND 213
NW cite: 622 N.W.2d 432


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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Docket entries:
107/05/2000 PETITION FOR SUPERVISORY WRIT, BRIEF IN SUPPORT AND APPENDIX
207/05/2000 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
307/06/2000 Ltr from Sidney Spaeth stating he would respond if Ct would like a reponse, dtd 7-5-00
407/06/2000 NOTICE OF APPEAL: 07/03/2000
507/06/2000 ORDER FOR TRANSCRIPT: 07/03/2000
607/07/2000 DISK - Brief in Support of Pet. for Supervisory Writ
707/13/2000 ACTION BY SUPREME COURT (PETITION FOR SUPERVISORY WRIT). Denied
807/13/2000 Order Mailed to Parties (re Petition)
907/19/2000 MOTION TO DISMISS APPEAL & BRIEF IN SUPPORT. RspDue: 07/31/2000
1007/31/2000 Appellants' Reply to Appellee's Motion to Dismiss
1107/31/2000 DISK - Appellants' Reply
1208/03/2000 RECORD ON APPEAL(separates 4, 8, 50, 66, 77, 78, 83, 105 & 106) Not rec'd-27, 55, 70, 95 110(tapes)
1308/09/2000 Supreme Court Order dated 8-09-00 (action on the Mot. to Dismiss deferred until after oral argument
1408/09/2000 on the merits) - DISTRIBUTE w/BRIEFS
1508/19/2000 TRANSCRIPT DATED 6-22-00
1608/21/2000 DISK - TRA dated 6-22-00
1709/01/2000 MOTION FOR Supervisory Writ, Brief in Support & Affidavit of Sidney Spaeth (Response due by NOON). RspDue: 09/12/2000
1809/06/2000 Affidavit of Personal Service of Motion for Supervisory Writ
1909/12/2000 Response of Tag Investments & James A. Grettum; Affidavit of James A. Grettum, and Addendum (Also
2009/12/2000 one copy of letter signed by Sidney Spaeth dated 1-10-20, along with hundreds of pages of documents
2109/12/2000 referred to in Footnote 37 of Appellants' Response of TAG Investments and James A. Grettum)
2209/25/2000 Plaintiff's Notice of Motion and Motion for an Order Compelling Defendants to Provide Deeds to
2309/25/2000 Plaintiff, or, Alternatively, Declaring the Judicial Transfer of the Property to Plaintiff;
2409/25/2000 Brief in Support; Proposed Order; Brief in Resistance to Plaintiff's Mot.; Affidavit of James A.
2509/25/2000 Grettum; Reply Brief in Support of Mot.; Transcript dated 7-19-00
2609/27/2000 ACTION BY SUPREME COURT (MOT w/o prejudice). Denied
2709/27/2000 Clerk's Supplemental Certificate of Appeal dated 9-25-00 (Entry Nos. 112 & 113, includes original
2809/27/2000 Transcript dated July 19, 2000)
2909/28/2000 APPELLANT BRIEF
3009/28/2000 APPELLANT APPENDIX
3109/29/2000 DISK - atb (identified as 20000192.at1 in J:Briefs00)
3210/04/2000 Pages 59 & 60 for ATB
3310/10/2000 APPELLEE BRIEF
3410/16/2000 DISK - AEB
3510/24/2000 SITTING WITH THE COURT: Hodny, William F.
3610/26/2000 REPLY BRIEF
3710/27/2000 DISK - ryb
3811/02/2000 APPEARANCES: Jonathan T. Garaas; Sidney J. Spaeth
3911/02/2000 ARGUED: Garaas; Spaeth (Vol. X; page 79)
4011/15/2000 Clerk's Supp. Cert. of ROA dated November 14, 2000 (entries 114-125 attach)(Not rec'd-121/tape)
4111/16/2000 MOTION TO VACATE DISTRICT COURT ORDER, BRIEF & ADDENDUM
4211/22/2000 ACTION BY SUPREME COURT (MOT/vacate). Denied
4312/12/2000 DISPOSITION: AFFIRMED BY SUMMARY DISP.
4412/12/2000 UNANIMOUS OPINION: , Per Curiam
4512/12/2000 Per opinion, double costs on appeal awarded to Appellee, Matrix, under Rules 38 & 39
4612/12/2000 NO SEPARATE ACTION TAKEN ON MOTION TO DISMISS APPEAL
4712/12/2000 Order/Judgment Mailed to Parties
4812/22/2000 PETITION FOR REHEARING
4912/22/2000 with attached addendum
5012/26/2000 DISK - PER
5112/26/2000 Clerk's Supp. Cert of ROA dated December 15, 2000 with entries 126-141 & 143 attached
5201/03/2001 Entry Nos. 105 & 106 sent to J. Racek, pursuant to his request - will be returned
5301/17/2001 Supplemental Clerk's Certificate dated 1-16-01 (Entry Nos. 105 & 106 -- Refiled after being
5401/17/2001 returned to clerk's office by Judge Racek.)(also filed in 20000356)
5501/17/2001 Supplemental Clerk's Certificate dated 1/16/01 (Entry Nos. 144-190, includes 2 transcripts)(Not
5601/17/2001 received: #173-Tape)(also filed in 20000356)
5702/05/2001 ACTION BY SUPREME COURT (Petition for Rehearing). Denied
5802/19/2001 MANDATE
5902/20/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
6006/18/2007 EXPUNGED - Nonpermanent record items destroyed

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