Remmick v. Whitman
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| 20000364 |
Marvin R. Remmick, Plaintiff and Appellant
v.
Jeffrey J. Whitman, Defendant and Appellee
and
all other persons unknown who
have or claim an interest
in the property described in
the Complaint, Defendants
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| Appeal from: |
District Court,
South Central Judicial District,
Kidder County
Judge Gail H. Hagerty |
|
Nature of Action: |
Real Property
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| Counsel: |
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| Term: |
04/2001 Argument: 04/03/2001 10:45am
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| ND cite: |
2001 ND 102
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| NW cite: |
627 N.W.2d 376
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
Are there fact issues present that would preclude the granting of summary judgment in favor the Defendant, Jeffrey J. Whitman?
Appellee's Statement of the Issues:
1. Can the rights of the owner of an interest of record in mortgaged property be terminated by judgment in a foreclosure proceeding to which the owner was not a party when the owner had knowledge of the foreclosure proceeding?
2. If the owner's rights can be terminated, has the appellant raised genuine issues of material fact concerning the owner's knowledge that would preclude the trial court's granting of summary judgment?
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| 1 | | 12/22/2000 | |
NOTICE OF APPEAL: 12/21/2000 |
| 2 | | 01/17/2001 | |
RECORD ON APPEAL |
| 3 | | 01/22/2001 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 4 | | 01/24/2001 | |
Letter from Malcolm Brown that no transcript has been ordered |
| 5 | | 01/30/2001 | |
APPELLANT BRIEF |
| 6 | | 01/30/2001 | |
APPELLANT APPENDIX |
| 7 | | 01/30/2001 | |
DISK - ATB |
| 8 | | 02/12/2001 | |
Clerk's Supp. Cert. of ROA dated February 9, 2001 with entry 36 attached |
| 9 | | 02/23/2001 | |
APPELLEE BRIEF |
| 10 | | 02/23/2001 | |
DISK - aeb |
| 11 | | 03/23/2001 | |
SITTING WITH THE COURT: Schmalenberger, Allan L. |
| 12 | | 04/03/2001 | |
APPEARANCES: Malcolm H. Brown; Timothy D. Lervick |
| 13 | | 04/03/2001 | |
ARGUED: Brown; Lervick (Vol. X; page 122) |
| 14 | | 04/03/2001 | |
ORAL ARGUMENT WEBCAST |
| 15 | | 05/24/2001 | |
DISPOSITION: AFFIRMED |
| 16 | | 05/24/2001 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 17 | | 05/24/2001 | |
Costs on appeal taxed in favor of appellee |
| 18 | | 05/25/2001 | |
Order/Judgment Mailed to Parties |
| 19 | | 06/20/2001 | |
MANDATE |
| 20 | | 06/22/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 21 | | 07/17/2007 | |
EXPUNGED - Nonpermanent record items destroyed |