Matrix v. TAG Investments

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

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Contracts
Counsel:
Appellant: Garaas Law Firm
Appellee: Vogel Law Firm
Term: 02/2002   Argument: 02/13/2002  1:30pm
ND cite: 2002 ND 86
NW cite: 644 N.W.2d 601

Listen to recording of oral argument in MP3 format

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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Docket entries:
109/19/2001 NOTICE OF APPEAL: 09/17/2001
209/19/2001 ORDER FOR TRANSCRIPT: 09/17/2001
309/20/2001 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
410/04/2001 Receipt and Acceptance of Order for Transcript (Joan Utter)
511/05/2001 TRANSCRIPTS DATED April 11, 2001 and August 27, 2001
611/06/2001 DISK - TRA 4-11-01 & 8-27-01 (e-mailed)
711/30/2001 RECORD ON APPEAL (6 Vols.), Exhibits, and Transcripts dated: 12-29-99; 12-29-99; 1-26-00;
811/30/2001 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
911/30/2001 Not Rec'd: Nos. 27, 55, 70, 95, 110, 121, 142, 173, 207, 233, 244, 280 (Tapes)
1012/13/2001 APPELLANT BRIEF
1112/14/2001 DISK - ATB
1212/14/2001 APPELLANT APPENDIX
1301/10/2002 Clerk's Supplemental Certificate of Record on Appeal dated 1/9/02 with entries 283 - 296 attached
1401/15/2002 APPELLEE BRIEF
1501/15/2002 APPELLEE APPENDIX
1601/16/2002 DISK - AEB
1701/25/2002 MOTION TO STRIKE BRIEF & APPENDIX OF APPELLEE & AFF/SUPPORT(Response due by noon on 2-5-02). RspDue: 02/05/2002
1801/28/2002 SITTING WITH THE COURT: Hodny, William F.
1901/31/2002 Response Filed to Motion to Strike AEB
2001/31/2002 REPLY BRIEF
2102/01/2002 DISK - RYB
2202/06/2002 ACTION BY SUPREME COURT (Motion to Strike). Denied
2302/13/2002 APPEARANCES: Jonathan T. Garaas; Sidney J. Spaeth
2402/13/2002 ARGUED: Garaas; Spaeth (Vol. X; Page 205)
2502/13/2002 ORAL ARGUMENT WEBCAST
2603/07/2002 Supplemental Clerk's Certificate dated 3-6-02 (Entry Nos. 298-306)
2705/17/2002 DISPOSITION (Affirmed, Modified and Remanded): REMANDED
2805/17/2002 UNANIMOUS OPINION: Maring, Mary Muehlen
2905/17/2002 At the direction of the Court no costs will be taxed on this appeal
3005/20/2002 Order/Judgment Mailed to Parties
3105/30/2002 PETITION FOR REHEARING, with attached Addendum
3205/30/2002 Supplemental Appendix to Pet/Rehearing
3305/31/2002 DISK - PER
3406/05/2002 ACTION BY SUPREME COURT (PER). Denied
3506/18/2002 MANDATE
3609/23/2002 Letter dated 9-17-02 from U.S. Supreme Court Clerk's Office re a petition
3709/23/2002 for Writ of Certiorari was filed 8-30-02 & has been placed on docket for 9-16-02 as #02-413
3810/28/2002 Letter dated 10/21/2002 from U.S. Supreme Court Clerk, Petition for Writ of Certiorari is denied
3906/25/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4009/25/2007 EXPUNGED - Nonpermanent record items destroyed

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