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 Georgia Dawson
|Nature of Action:||Contracts|
|Term:||02/2002  Argument: 02/13/2002|
|ND cite:||2002 ND 86|
644 N.W.2d 601
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Is the monetary judgment entered on September 11, 2001, void as being inconsistent with the due process rights of the Appellants?
2. Is the monetary judgment entered on September 11, 2001, void as being issued by a judge and court that did not have jurisdiction to issue it?
3. Should the award of "damages" for a claimed delay in conveyance be reversed because there is no evidence to support the award or law that allows the "damages" to be determined in the manner determined?
4. Should the award of claimed "costs" be reversed because Matrix's request was untimely and the requested "costs"do not fit within any statutory category of costs?
5. Should the award of attorney fees be reversed because Matrix's request was untimely, there is not necessary factual determinations necessary for the award, and there is not a contract or statute that authorizes the fees awarded?
6. Does judicial estoppel prevent Matrix from claiming that Grettum is subject to damages for not conveying the land he received from the Clapp Family Trust?
7. Does judicial estoppel prevent Matrix from claiming that TAG is subject of damages for defending itself in post judgment attacks on its rights arising out of contract, judgment and statute?
Appellee's Statement of the Issues:
1. Whether the trial court erred in awarding Plaintiff costs in the underlying action?
2. Whether the trial court erred in awarding Plaintiff its attorneys' fees incurred between the time this Court affirmed summary judgment in favor of Plaintiff and the time the Court judicially transferred the Property to Plaintiff on January 5, 2001, on the ground that each argument and claim made by Defendants after this Court's affirmance of summary judgment was frivolous and intended to delay, harass and annoy?
3. Whether the trial court erred in awarding damages to Plaintiff for the delay in transfer of the property?
|Add Docket 20010228 RSS|
|1||09/19/2001 NOTICE OF APPEAL: 09/17/2001|
|2||09/19/2001 ORDER FOR TRANSCRIPT: 09/17/2001|
|3||09/20/2001 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|4||10/04/2001 Receipt and Acceptance of Order for Transcript (Joan Utter)|
|5||11/05/2001 TRANSCRIPTS DATED April 11, 2001 and August 27, 2001|
|6||11/06/2001 DISK - TRA 4-11-01 & 8-27-01 (e-mailed)|
|7||11/30/2001 RECORD ON APPEAL (6 Vols.), Exhibits, and Transcripts dated: 12-29-99; 12-29-99; 1-26-00;|
|8||11/30/2001 10-06-99; 7-19-00; 11-07-00; 1-02-01; 1-05-01; 6-22-00; 12-15-00; 1-05-01; 2-14-01|
|9||11/30/2001 Not Rec'd: Nos. 27, 55, 70, 95, 110, 121, 142, 173, 207, 233, 244, 280 (Tapes)|
|10||12/13/2001 APPELLANT BRIEF|
|11||12/14/2001 DISK - ATB|
|12||12/14/2001 APPELLANT APPENDIX|
|13||01/10/2002 Clerk's Supplemental Certificate of Record on Appeal dated 1/9/02 with entries 283 - 296 attached|
|14||01/15/2002 APPELLEE BRIEF|
|15||01/15/2002 APPELLEE APPENDIX|
|16||01/16/2002 DISK - AEB|
|17||01/25/2002 MOTION TO STRIKE BRIEF & APPENDIX OF APPELLEE & AFF/SUPPORT(Response due by noon on 2-5-02). RspDue: 02/05/2002|
|18||01/28/2002 SITTING WITH THE COURT: Hodny, William F.|
|19||01/31/2002 Response Filed to Motion to Strike AEB|
|20||01/31/2002 REPLY BRIEF|
|21||02/01/2002 DISK - RYB|
|22||02/06/2002 ACTION BY SUPREME COURT (Motion to Strike). Denied|
|23||02/13/2002 APPEARANCES: Jonathan T. Garaas; Sidney J. Spaeth|
|24||02/13/2002 ARGUED: Garaas; Spaeth (Vol. X; Page 205)|
|25||02/13/2002 ORAL ARGUMENT WEBCAST|
|26||03/07/2002 Supplemental Clerk's Certificate dated 3-6-02 (Entry Nos. 298-306)|
|27||05/17/2002 DISPOSITION (Affirmed, Modified and Remanded): REMANDED|
|28||05/17/2002 UNANIMOUS OPINION: Maring, Mary Muehlen|
|29||05/17/2002 At the direction of the Court no costs will be taxed on this appeal|
|30||05/20/2002 Order/Judgment Mailed to Parties|
|31||05/30/2002 PETITION FOR REHEARING, with attached Addendum|
|32||05/30/2002 Supplemental Appendix to Pet/Rehearing|
|33||05/31/2002 DISK - PER|
|34||06/05/2002 ACTION BY SUPREME COURT (PER). Denied|
|36||09/23/2002 Letter dated 9-17-02 from U.S. Supreme Court Clerk's Office re a petition|
|37||09/23/2002 for Writ of Certiorari was filed 8-30-02 & has been placed on docket for 9-16-02 as #02-413|
|38||10/28/2002 Letter dated 10/21/2002 from U.S. Supreme Court Clerk, Petition for Writ of Certiorari is denied|
|39||06/25/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|40||09/25/2007 EXPUNGED - Nonpermanent record items destroyed|