Bertsch v. Duemeland
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| 20010151 |
Lee Bertsch and Bertsch
Construction, Inc., Plaintiffs, Appellants and Cross-Appellees
v.
George "Skip" Duemeland and
Duemeland's Realty, LLC, Defendants, Appellees and Cross-Appellants
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Thomas J. Schneider |
|
Nature of Action: |
Torts (Negligence, Liab., Nuis.)
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| Counsel: |
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| Term: |
11/2001 Argument: 11/21/2001 01:30pm
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| ND cite: |
2002 ND 32
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| NW cite: |
639 N.W.2d 455
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. Did the trial court err in ordering summary judgment dismissing all of the appellants' claims?
2. Did the trial court abuse its discretion in denying appellants' motion to compel discovery?
Appellee's Statement of the Issues:
In addition to the issues identified by Appellants Lee Bertsch and Bertsch Construction, Inc. [hereinafter referred to collectively as "Bertsch"], the issue raised on cross- appeal by appellees and cross-appellants George "Skip" Duemeland and
Duemeland's Realty, LLC. [hereinafter referred to collectively as "Duemeland"] is:
Did the trial court err in denying reasonable attorney fees to Duemeland?
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| 1 | | 06/11/2001 | |
NOTICE OF APPEAL: 06/07/2001 |
| 2 | | 06/11/2001 | |
ORDER FOR TRANSCRIPT (Jane Gillig-Hoekstra): 06/07/2001 |
| 3 | | 06/11/2001 | |
RETENTION OF RECORD ON APPEAL: 07/27/2001 |
| 4 | | 06/22/2001 | |
NOTICE OF CROSS APPEAL - (George Duemeland & Duemeland's Realty) |
| 5 | | 07/26/2001 | |
TRANSCRIPTS DATED 12-22-00 & 2-15-01 (2 volumes) |
| 6 | | 07/26/2001 | |
DISKS (2) (TRA -- 12/22/00 & 2/15/01) |
| 7 | | 07/30/2001 | |
RECORD ON APPEAL (2 volumes) |
| 8 | | 08/01/2001 | |
Supplemental Clerk's Certificate dated 7-31-01 (Entry Nos. 85-87, including Deposition of |
| 9 | | 08/01/2001 | |
George "Skip" Duemeland) |
| 10 | | 08/08/2001 | |
SUPPLEMENTAL CLERK'S CERTIFICATE DATED AUGUST 3, 2001, (Entries 91-94) Including Depositions of |
| 11 | | 08/08/2001 | |
Ronald L. Nelson and Lee Bertsch. Not forwarded were entries 88 (Letter from ND Supreme Court), |
| 12 | | 08/08/2001 | |
89 (Letter from ND Supreme Court) and 90 (Receipt/ND Supreme Court) |
| 13 | | 08/31/2001 | |
APPELLANT BRIEF |
| 14 | | 08/31/2001 | |
APPELLANT APPENDIX |
| 15 | | 09/04/2001 | |
DISK - ATB (e-mailed) |
| 16 | | 09/24/2001 | |
MOT. EXT/TIME REPLY BRIEF & Brief in Support |
| 17 | | 09/24/2001 | |
ACTION BY CLERK. Granted: 10/19/2001 |
| 18 | | 09/26/2001 | |
APPELLEE BRIEF |
| 19 | | 09/26/2001 | |
APPELLEE APPENDIX |
| 20 | | 09/27/2001 | |
Corrected TOA & page 31 for AEB |
| 21 | | 09/27/2001 | |
DISK - AEB |
| 22 | | 10/19/2001 | |
REPLY BRIEF of Appellants |
| 23 | | 10/19/2001 | |
DISK - RYB |
| 24 | | 11/21/2001 | |
APPEARANCES: James J. Coles, Leland Bertsch; Randall J. Bakke, George Duemeland |
| 25 | | 11/21/2001 | |
ARGUED: Coles; Bakke (Vol. X; Page 178) |
| 26 | | 11/21/2001 | |
ORAL ARGUMENT WEBCAST |
| 27 | | 02/20/2002 | |
DISPOSITION: AFFIRMED/PT, REVERSED/PT |
| 28 | | 02/20/2002 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 29 | | 02/20/2002 | |
Costs on appeal awarded in favor of no party. |
| 30 | | 02/21/2002 | |
Order/Judgment Mailed to Parties |
| 31 | | 03/14/2002 | |
MANDATE |
| 32 | | 03/19/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 33 | | 09/06/2007 | |
EXPUNGED - Nonpermanent record items destroyed |