Comstock Construction, Inc. v. Sheyenne Disposal, Inc.
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| 20010281 |
Comstock Construction, Inc., Plaintiff, Appellee
and Cross-Appellant
v.
Sheyenne Disposal, Inc., Defendant, Appellant
and Cross-Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Georgia Dawson |
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Nature of Action: |
Real Property
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| Counsel: |
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| Term: |
05/2002 Argument: 05/22/2002 01:30pm
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| ND cite: |
2002 ND 141
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| NW cite: |
651 N.W.2d 656
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Whether the trial court abused its discretion in denying Sheyenne's Motion for New Trial where the jury's verdict finding a contract between Sheyenne Disposal and Comstock Construction for an agreed price is not supported by substantial evidence.
Whether the trial court abused is discretion in denying Sheyenne's Motion for New Trial where it failed to analyze and consider whether the jury verdict was against the weight of the evidence.
Whether the jury's verdict finding a contract is contrary to North Dakota law, because the evidence established there was only an agreement to agree on a price to be paid for the construction project.
Whether the jury's verdict awarding interest is contrary to N.D.C.C. 32-03-04 when there was no evidence of "vesting" on May 1, 1999.
Appellant's Reply Brief Issues
I. The Trial Court Abused its Discretion in Denying Sheyenne's Motion for New Trial.
II. N.D.R. Civ. P. 6(e) Does Not Apply to Extend the Deadline for Commencing and Filing an Action to Foreclose a Mechanic's Lien Under N.D.C.C. 35-27-25.
Appellee's Statement of the Issues:
I. Standard of Review on Appeal Is Abuse of Discretion.
II. District Court Did Not Abuse its Discretion in Denying Motion for New Trial.
III. Unanimous Jury Verdict Is Not Contrary to North Dakota Law.
IV. The Trial Court Properly Denied Remittitur.
Cross-appeal
V. District Court Erred in Holding Mechanic's Lien Invalid.
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| 1 | | 11/14/2001 | |
NOTICE OF APPEAL: 11/13/2001 |
| 2 | | 11/14/2001 | |
ORDER FOR TRANSCRIPT (6-19-01 through 6-21-01): 11/13/2001 |
| 3 | | 11/21/2001 | |
RETENTION OF RECORD ON APPEAL (Randall W. Randall): 02/11/2002 |
| 4 | | 11/27/2001 | |
NOTICE OF CROSS APPEAL (filed in trial court on 11-23-01) |
| 5 | | 11/27/2001 | |
Order for Transcript from Cross-Appellant (8/28/00 Hrg.) |
| 6 | | 12/28/2001 | |
TRANSCRIPT DATED AUGUST 28, 2000 (CROSS-APPELLANT ORDERED THIS TRANSCRIPT) |
| 7 | | 12/31/2001 | |
DISK - TRA of August 28, 2000 |
| 8 | | 01/03/2002 | |
MOT. EXT/TIME TRANSCRIPT (Steven W. Randall) |
| 9 | | 01/03/2002 | |
ACTION BY TRIAL COURT (MTR). Granted: 02/11/2002 |
| 10 | | 01/10/2002 | |
TRANSCRIPT COMMENCING 6-19-01 (3 VOLS.) |
| 11 | | 01/11/2002 | |
DISK - TRA (6-19-01) (electronically transmitted) |
| 12 | | 01/16/2002 | |
RECORD ON APPEAL including exhibits, depositions (2), Partial Transcripts (2) dated |
| 13 | | 01/16/2002 | |
June 19-20, 2001 and June 20, 2001. Not forwarded w/the record were entry No. 15 (Tape), entry |
| 14 | | 01/16/2002 | |
Entry No. 66 (Steno Notes), Entry No. 94 (Tape), Entry No. 111 (Execution issued) |
| 15 | | 02/05/2002 | |
(NOTE: No. 111 (Execution) was filed w/Suppl. Clerk's Cert. dated 2-04-02) |
| 16 | | 02/05/2002 | |
SUPPLEMENTAL CLERK'S CERT. DATED 2-04-02 (Entry Nos. 111; 117-121) (NOTE: No. 111 is Execution) |
| 17 | | 02/19/2002 | |
APPELLANT BRIEF |
| 18 | | 02/19/2002 | |
APPELLANT APPENDIX |
| 19 | | 02/20/2002 | |
DISK - ATB |
| 20 | | 03/19/2002 | |
MOT. EXT/TIME APPELLEE BRIEF; AFFIDAVIT OF ROBERT G. HOY (faxed) |
| 21 | | 03/19/2002 | |
ACTION BY CLERK (MAE, w/understanding OA will be heard in May). Granted: 04/01/2002 |
| 22 | | 03/20/2002 | |
Original Motion for Enlargement of Time to file AEB & Affidavit in Support |
| 23 | | 04/01/2002 | |
APPELLEE BRIEF |
| 24 | | 04/01/2002 | |
APPELLEE APPENDIX |
| 25 | | 04/02/2002 | |
MOTION FOR SUSPENSION OF RULES (re word count); AFFIDAVIT OF ROBERT G. HOY |
| 26 | | 04/02/2002 | |
ACTION BY CHIEF JUSTICE (ext. of word limits - AEB). Granted |
| 27 | | 04/10/2002 | |
Table of Authorities and page for AEB |
| 28 | | 04/10/2002 | |
DISK - AEB (e-mailed) |
| 29 | | 04/12/2002 | |
Supplemental Clerk's Certificate #2 dated 4-11-02 (Entry Nos. 120 & 122-127) |
| 30 | | 04/18/2002 | |
APPELLANT'S REPLY BRIEF |
| 31 | | 04/19/2002 | |
DISK - Appellant's Reply Brief |
| 32 | | 04/29/2002 | |
REPLY BRIEF of Appellee/Cross-Appellant |
| 33 | | 04/30/2002 | |
DISK - Appellee/Cross-Appellant Reply Brief |
| 34 | | 05/22/2002 | |
APPEARANCES: Richard Henderson; Robert G. Hoy |
| 35 | | 05/22/2002 | |
ARGUED: Henderson; Hoy (Vol. X; Page 224) |
| 36 | | 05/22/2002 | |
ORAL ARGUMENT WEBCAST |
| 37 | | 06/26/2002 | |
SUPPLEMENTAL CLERK'S CERTIFICATE DATED 6-25-02 (Entry Nos. 125 (orig. Execution); 128-139 |
| 38 | | 08/29/2002 | |
DISPOSITION: AFFIRMED/PT, REVERSED/PT |
| 39 | | 08/29/2002 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 40 | | 08/29/2002 | |
Costs taxed in favor of Comstock Construction |
| 41 | | 09/20/2002 | |
MANDATE |
| 42 | | 09/24/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 43 | | 10/08/2007 | |
EXPUNGED - Nonpermanent record items destroyed |