Matrix v. TAG Investments
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| 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
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Frank L. Racek |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
06/2001 Argument: 06/06/2001 02:45pm
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| ND cite: |
2001 ND 128
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| NW cite: |
636 N.W.2d 674
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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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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| 1 | | 03/02/2001 | |
NOTICE OF APPEAL: 02/27/2001 |
| 2 | | 03/02/2001 | |
ORDER FOR TRANSCRIPT: 02/27/2001 |
| 3 | | 03/02/2001 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 4 | | 03/02/2001 | |
RECORD ON APPEAL, separates, & Supplemental Clerk's Certificates filed in 20000192 & 20000356 were |
| 5 | | 03/02/2001 | |
retained for this case. |
| 6 | | 03/06/2001 | |
Clerk's Supplemental Certificate of Record on Appeal dated March 5, 2001 (entries 191-217) |
| 7 | | 03/12/2001 | |
TRANSCRIPTS DATED DECEMBER 15, 2000 AND FEBRUARY 14, 2001 |
| 8 | | 03/13/2001 | |
DISK - TRA'S DTD 12-15-00 & 02-14-01 |
| 9 | | 03/23/2001 | |
Copies of transcripts dated 1-2-01 |
| 10 | | 03/26/2001 | |
DISK of transcripts dated 1-2-01 |
| 11 | | 03/26/2001 | |
Copies of transcripts dated 11-7-00 |
| 12 | | 03/26/2001 | |
Original and 2 copies of transcript dated 1-5-01 |
| 13 | | 03/27/2001 | |
DISKS of transcripts dated 11-7-00 & 1-5-01 |
| 14 | | 04/20/2001 | |
APPELLANT BRIEF |
| 15 | | 04/20/2001 | |
APPELLANT APPENDIX (2 Volumes) |
| 16 | | 04/23/2001 | |
DISK of ATB |
| 17 | | 05/01/2001 | |
APPELLEE BRIEF |
| 18 | | 05/01/2001 | |
APPELLEE APPENDIX |
| 19 | | 05/02/2001 | |
DISK - AEB (e-mailed) |
| 20 | | 05/02/2001 | |
CLERK'S SUPPLEMENTAL CERTIFICATE DATED APRIL 30, 2001. Entries 218-223 & 234. Not received was |
| 21 | | 05/02/2001 | |
entry 233 (tape) |
| 22 | | 05/14/2001 | |
MOTION to Strike Brief of Appellee for Failure to Follow NDRAppP 28. RspDue: 05/24/2001 |
| 23 | | 05/15/2001 | |
REPLY BRIEF of Appellants |
| 24 | | 05/16/2001 | |
DISK - RYB |
| 25 | | 05/18/2001 | |
Response of Appellee Matrix Properties to the Motion to Strike Brief of Appellee |
| 26 | | 05/23/2001 | |
ACTION BY SUPREME COURT (MOT/strike AEB). Denied |
| 27 | | 05/24/2001 | |
SITTING WITH THE COURT: Hodny, William F. |
| 28 | | 06/06/2001 | |
APPEARANCES: Jonathan T. Garaas; Sidney J. Spaeth |
| 29 | | 06/06/2001 | |
ARGUED: Garaas; Spaeth |
| 30 | | 06/06/2001 | |
ORAL ARGUMENT WEBCAST |
| 31 | | 07/12/2001 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 32 | | 07/13/2001 | |
UNANIMOUS OPINION: Per Curiam |
| 33 | | 07/13/2001 | |
Double Costs on appeal will be taxed in favor of Appellee |
| 34 | | 07/13/2001 | |
Order/Judgment Mailed to Parties |
| 35 | | 07/20/2001 | |
PETITION FOR REHEARING |
| 36 | | 07/23/2001 | |
DISK - PER |
| 37 | | 08/28/2001 | |
MOTION TO VACATE DISTRICT CT ORDER OF AUGUST 27, 2001, AFFIDAVIT OF JAMES GRETTUM, BRIEF, APPENDIX |
| 38 | | 08/30/2001 | |
ACTION BY SUPREME COURT. denied |
| 39 | | 08/30/2001 | |
Order denying Motion to Vacate Mailed to Parties |
| 40 | | 09/04/2001 | |
ACTION BY SUPREME COURT (Petition for Rehearing). Denied |
| 41 | | 09/12/2001 | |
MANDATE |
| 42 | | 09/18/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 43 | | 08/09/2007 | |
EXPUNGED - Nonpermanent record items destroyed |