Triple Quest, Inc. v. Cleveland Gear Co., Inc.

20000281 Triple Quest, Inc., Plaintiff and Appellant
v.
Cleveland Gear Company, Inc., Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Lawrence A. Leclerc
Nature of Action: Contracts
Counsel:
Appellant: Vogel Law Firm
Appellee: Gordon Henry Hansmeier
Appellant: Vogel Law Firm
Term: 02/2001   Argument: 02/08/2001  10:45am
ND cite: 2001 ND 101
NW cite: 627 N.W.2d 379

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1.Is the dismissal without prejudice of an action, on the ground that a party has asserted a contractual forum selection clause providing for venue in another state, an appealable judgment?
2.Did the Trial Court err by concluding as a matter of law that a contractual forum selection clause provided for exclusive venue in an Ohio county?
3.Did the trial court err by concluding as a matter of law that a party did not waive reliance on a contractual forum selection clause by asserting claims for affirmative relief in the North Dakota court, litigating in the North Dakota court for nearly three years, conducting discovery in the North Dakota court, and seeking summary judgment and other affirmative relief from the North Dakota court?

Appellee's Statement of the Issues:
1.Is the dismissal without prejudice of an action, on the ground that a party has asserted a forum selection clause providing for venue in another state, an appealable judgment?
1a.If yes, does a non-party have standing to raise this appeal? br> 2.Did the trial court err by concluding as a matter of law that the forum selection clause provided for exclusive venue in an Ohio county?
3.Did the trial court err by concluding as a matter of law that a party did not waive reliance on a forum selection clause by asserting claims for affirmative relief in the North Dakota court, litigating in the North Dakota court for nearly three years, conducting discovery in the North Dakota court, and seeking summary judgment and other affirmative relief from the North Dakota court?

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Docket entries:
110/11/2000 NOTICE OF APPEAL: 10/10/2000
210/11/2000 ORDER FOR TRANSCRIPT: 10/10/2000
310/11/2000 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
410/16/2000 RECORD ON APPEAL (not rec'd: 13,26,&42--tapes)
511/07/2000 Request for return of ROA from Court Reporter Vicky Matthys (e-mail from Ms. Matthys)
611/07/2000 ACTION BY CLERK. Granted
711/07/2000 RETURN OF ROA TO DIST. CT. for use by Court Reporter
811/08/2000 RETENTION OF RECORD ON APPEAL: 11/29/2000
911/14/2000 TRANSCRIPT DATED August 8, 2000 and September 7, 2000
1011/15/2000 DISK - Transcripts
1111/16/2000 REFILED RECORD ON APPEAL, w/exception of #13,26, & 42 (Tapes)
1211/21/2000 Supplemental Clerk's Certificate dated 11-20-00 (Entry Nos. 53-55)
1312/22/2000 APPELLANT BRIEF
1412/22/2000 APPELLANT APPENDIX (no TOC and Docket Sheet of Lower Court)
1512/26/2000 DISK - ATB
1601/04/2001 Corrected pages for ATA & corrected signature page for ATB
1701/04/2001 DISK - corrected ATB
1801/19/2001 APPELLEE BRIEF
1901/19/2001 APPELLEE APPENDIX
2001/22/2001 DISK - AEB
2101/25/2001 SITTING WITH THE COURT: Graff, Benny A.
2201/30/2001 REPLY BRIEF OF APPELLANT
2301/31/2001 DISK - RYB
2402/08/2001 APPEARANCES: Sidney J. Spaeth; Gordon H. Hansmeier
2502/08/2001 ARGUED: Spaeth; Hansmeier (Vol. X; page 108)
2602/08/2001 ORAL ARGUMENT WEBCAST
2705/24/2001 DISPOSITION: REVERSED AND REMANDED
2805/24/2001 UNANIMOUS OPINION: Maring, Mary Muehlen
2905/24/2001 Costs on appeal taxed in favor of appellant
3005/25/2001 Order/Judgment Mailed to Parties
3106/20/2001 MANDATE
3206/27/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3307/05/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/19/2014