Matrix v. TAG Investments

20010060 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: 06/2001   Argument: 06/06/2001  2:45pm
ND cite: 2001 ND 128
NW cite: 636 N.W.2d 674

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Issues: Appellant's Statement of the Issues:
1. Did Judge Racek have jurisdiction to issue orders amending the final Judgment starting in November, 2000, through January 5, 2001?
2. Should all orders issued be vacated due to a Judge Racek's failure to certify familiarity with the record?
3. Were Appellant's denied due process of law?
4. Were Appellant's denied equal protection of the law?
5. Has Matrix abandoned its contract or forfeited its right to specific performance?
6. Has Matrix properly tendered timely unconditional performance?
7. Do the orders starting in November, 2000, through January 5, 2001, deviate from the mandates of the North Dakota Supreme Court?
8. Has the District Court wrongfully taken Carol Grettum's land?

Appellee's Statement of the Issues:
1. Did the trial court err in its enforcement of the Judgment and this Court's Order of December 12, 2000?
2. Was Carol Grettum's interest - obtained after the filing of a notice of lis pendens - subject to the Judgment and the trial court's Order of January 5, 2001?

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Docket entries:
103/02/2001 NOTICE OF APPEAL: 02/27/2001
203/02/2001 ORDER FOR TRANSCRIPT: 02/27/2001
303/02/2001 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
403/02/2001 RECORD ON APPEAL, separates, & Supplemental Clerk's Certificates filed in 20000192 & 20000356 were
503/02/2001 retained for this case.
603/06/2001 Clerk's Supplemental Certificate of Record on Appeal dated March 5, 2001 (entries 191-217)
703/12/2001 TRANSCRIPTS DATED DECEMBER 15, 2000 AND FEBRUARY 14, 2001
803/13/2001 DISK - TRA'S DTD 12-15-00 & 02-14-01
903/23/2001 Copies of transcripts dated 1-2-01
1003/26/2001 DISK of transcripts dated 1-2-01
1103/26/2001 Copies of transcripts dated 11-7-00
1203/26/2001 Original and 2 copies of transcript dated 1-5-01
1303/27/2001 DISKS of transcripts dated 11-7-00 & 1-5-01
1404/20/2001 APPELLANT BRIEF
1504/20/2001 APPELLANT APPENDIX (2 Volumes)
1604/23/2001 DISK of ATB
1705/01/2001 APPELLEE BRIEF
1805/01/2001 APPELLEE APPENDIX
1905/02/2001 DISK - AEB (e-mailed)
2005/02/2001 CLERK'S SUPPLEMENTAL CERTIFICATE DATED APRIL 30, 2001. Entries 218-223 & 234. Not received was
2105/02/2001 entry 233 (tape)
2205/14/2001 MOTION to Strike Brief of Appellee for Failure to Follow NDRAppP 28. RspDue: 05/24/2001
2305/15/2001 REPLY BRIEF of Appellants
2405/16/2001 DISK - RYB
2505/18/2001 Response of Appellee Matrix Properties to the Motion to Strike Brief of Appellee
2605/23/2001 ACTION BY SUPREME COURT (MOT/strike AEB). Denied
2705/24/2001 SITTING WITH THE COURT: Hodny, William F.
2806/06/2001 APPEARANCES: Jonathan T. Garaas; Sidney J. Spaeth
2906/06/2001 ARGUED: Garaas; Spaeth
3006/06/2001 ORAL ARGUMENT WEBCAST
3107/12/2001 DISPOSITION: AFFIRMED BY SUMMARY DISP.
3207/13/2001 UNANIMOUS OPINION: Per Curiam
3307/13/2001 Double Costs on appeal will be taxed in favor of Appellee
3407/13/2001 Order/Judgment Mailed to Parties
3507/20/2001 PETITION FOR REHEARING
3607/23/2001 DISK - PER
3708/28/2001 MOTION TO VACATE DISTRICT CT ORDER OF AUGUST 27, 2001, AFFIDAVIT OF JAMES GRETTUM, BRIEF, APPENDIX
3808/30/2001 ACTION BY SUPREME COURT. denied
3908/30/2001 Order denying Motion to Vacate Mailed to Parties
4009/04/2001 ACTION BY SUPREME COURT (Petition for Rehearing). Denied
4109/12/2001 MANDATE
4209/18/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4308/09/2007 EXPUNGED - Nonpermanent record items destroyed

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