Security State Bank of ND v. Orvik
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| 20010064 |
Security State Bank
of North Dakota, Plaintiff and Appellant
v.
Bonnie Orvik, Defendant and Appellee
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd |
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Nature of Action: |
Real Property
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| Counsel: |
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| Term: |
09/2001 Argument: 09/18/2001 02:45pm
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| ND cite: |
2001 ND 197
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| NW cite: |
636 N.W.2d 664
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
Whether the Trial Court erred when it concluded that North Dakota Century Code Section 47-16-03 gives a landlord with an unrecorded cash-rent lease priority over the interest of a duly perfected crop mortgagee in a tenant/mortgagor's crops and crop
proceeds.
Appellee's Statement of the Issues:
1. Whether the notice of appeal was timely filed.
2. Whether the Trial Court erred when it concluded that North Dakota Century Code Section 47-16-04 "provided that if an agreement was made between the lessee and the lessor as to the ownership of crops, then the crops would not belong only to the
lessee, but to both the lessor and the lessee", and that "any Bank or other debtor having a lien against the crops of the lessee cannot claim an interest in the portion of the crop that belongs to the lessor." [Memorandum Decision Granting
Defendants' Motions for Summary Judgment and Order for Judgment, Appendix pg. 32.]
3. Whether the Trial Court erred when it concluded that North Dakota Century Code Section 47-16-03 "applies to all leases reserving an interest in crops." "Therefore, the Moen's and Orvik's lien or interests are superior to that of the Bank for
the crops, up to the amount of the rent due." [Memorandum Decision Granting Defendants' Motions for Summary Judgment and Order for Judgment, Appendix pg. 32.]
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| 1 | | 03/12/2001 | |
NOTICE OF APPEAL: 03/08/2001 |
| 2 | | 03/12/2001 | |
ORDER FOR TRANSCRIPT: 03/08/2001 |
| 3 | | 03/21/2001 | |
Ltr. from Diane J. Manthei stating Scheduling Conf. of April 11, 2000 was not on the record. |
| 4 | | 03/21/2001 | |
RETENTION OF RECORD ON APPEAL: 04/27/2001 |
| 5 | | 04/06/2001 | |
TRANSCRIPTS DATED 7-05-00 and 9-25-00 |
| 6 | | 04/09/2001 | |
DISK - Transcripts dated 7-05-00 (TR1) and 9-25-00 (TR2) |
| 7 | | 04/26/2001 | |
TRANSCRIPT DATED 8-27-98 & 11-2-98 (bound together) |
| 8 | | 04/30/2001 | |
DISK - (TR3) (8-27-98 & 11-2-98) |
| 9 | | 04/30/2001 | |
RECORD ON APPEAL |
| 10 | | 06/01/2001 | |
APPELLANT BRIEF |
| 11 | | 06/01/2001 | |
Addendum to ATB |
| 12 | | 06/01/2001 | |
APPELLANT APPENDIX |
| 13 | | 06/04/2001 | |
DISK - ATB |
| 14 | | 06/29/2001 | |
APPELLEE BRIEF |
| 15 | | 06/29/2001 | |
Addendum to AEB |
| 16 | | 06/29/2001 | |
APPELLEE APPENDIX |
| 17 | | 07/10/2001 | |
DISK - AEB (corrected) |
| 18 | | 07/19/2001 | |
CORRECTED REPLY BRIEF |
| 19 | | 07/30/2001 | |
Addendum to RYB |
| 20 | | 07/20/2001 | |
DISK - corrected RYB (e-mailed) |
| 21 | | 07/30/2001 | |
ANNOUNCED DISQUALIFICATION: Neumann, William A. |
| 22 | | 08/10/2001 | |
SITTING WITH THE COURT: McLees, William W. |
| 23 | | 09/14/2001 | |
Request for Radio/TV Coverage - AP (e-mail from Jack McDonald dated 9-14-01) (APPROVED) |
| 24 | | 09/18/2001 | |
APPEARANCES: Troy J. Eickhoff; Charles D. Orvik, Bonnie Orvik |
| 25 | | 09/18/2001 | |
ARGUED: Eickhoff; Orvik (Vol X; Page 158) |
| 26 | | 09/18/2001 | |
ORAL ARGUMENT WEBCAST |
| 27 | | 12/10/2001 | |
DISPOSITION: REVERSED AND REMANDED |
| 28 | | 12/10/2001 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 29 | | 12/10/2001 | |
Costs on appeal taxed in favor of appellant |
| 30 | | 12/11/2001 | |
Order/Judgment Mailed to Parties |
| 31 | | 01/09/2002 | |
MANDATE |
| 32 | | 01/14/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 33 | | 08/13/2007 | |
EXPUNGED - Nonpermanent record items destroyed |