Matrix v. TAG Investments
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| 20010228 |
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 Georgia Dawson |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
02/2002 Argument: 02/13/2002 01:30pm
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| ND cite: |
2002 ND 86
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| NW cite: |
644 N.W.2d 601
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
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?
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| 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 |
| 35 | | 06/18/2002 | |
MANDATE |
| 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 |