Matrix v. TAG Investments
Matrix Properties Corporation, a
Minnesota corporation, formerly
known as E.W. Wylie Corporation, Plaintiff and Appellee
TAG Investments, a North Dakota
partnership, and James A. Grettum,
an individual resident of North
Dakota, Defendants and Appellants
East Central Judicial District,
Judge Frank L. Racek
|Nature of Action:||Contracts|
|Term:||06/2001  Argument: 06/06/2001|
|ND cite:||2001 ND 128|
636 N.W.2d 674
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20010060 RSS|
|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|
|42||09/18/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|43||08/09/2007 EXPUNGED - Nonpermanent record items destroyed|