Comstock Construction, Inc. v. Sheyenne Disposal, Inc.

20010281 Comstock Construction, Inc., Plaintiff, Appellee
and Cross-Appellant
v.
Sheyenne Disposal, Inc., Defendant, Appellant
and Cross-Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Real Property
Counsel:
Appellant: #Nilles, Ilvedson, Plambeck & Selbo, Ltd.
Appellee: Ohnstad Twichell, P.C.
Term: 05/2002   Argument: 05/22/2002  1:30pm
ND cite: 2002 ND 141
NW cite: 651 N.W.2d 656

Listen to recording of oral argument in MP3 format

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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Docket entries:
111/14/2001 NOTICE OF APPEAL: 11/13/2001
211/14/2001 ORDER FOR TRANSCRIPT (6-19-01 through 6-21-01): 11/13/2001
311/21/2001 RETENTION OF RECORD ON APPEAL (Randall W. Randall): 02/11/2002
411/27/2001 NOTICE OF CROSS APPEAL (filed in trial court on 11-23-01)
511/27/2001 Order for Transcript from Cross-Appellant (8/28/00 Hrg.)
612/28/2001 TRANSCRIPT DATED AUGUST 28, 2000 (CROSS-APPELLANT ORDERED THIS TRANSCRIPT)
712/31/2001 DISK - TRA of August 28, 2000
801/03/2002 MOT. EXT/TIME TRANSCRIPT (Steven W. Randall)
901/03/2002 ACTION BY TRIAL COURT (MTR). Granted: 02/11/2002
1001/10/2002 TRANSCRIPT COMMENCING 6-19-01 (3 VOLS.)
1101/11/2002 DISK - TRA (6-19-01) (electronically transmitted)
1201/16/2002 RECORD ON APPEAL including exhibits, depositions (2), Partial Transcripts (2) dated
1301/16/2002 June 19-20, 2001 and June 20, 2001. Not forwarded w/the record were entry No. 15 (Tape), entry
1401/16/2002 Entry No. 66 (Steno Notes), Entry No. 94 (Tape), Entry No. 111 (Execution issued)
1502/05/2002 (NOTE: No. 111 (Execution) was filed w/Suppl. Clerk's Cert. dated 2-04-02)
1602/05/2002 SUPPLEMENTAL CLERK'S CERT. DATED 2-04-02 (Entry Nos. 111; 117-121) (NOTE: No. 111 is Execution)
1702/19/2002 APPELLANT BRIEF
1802/19/2002 APPELLANT APPENDIX
1902/20/2002 DISK - ATB
2003/19/2002 MOT. EXT/TIME APPELLEE BRIEF; AFFIDAVIT OF ROBERT G. HOY (faxed)
2103/19/2002 ACTION BY CLERK (MAE, w/understanding OA will be heard in May). Granted: 04/01/2002
2203/20/2002 Original Motion for Enlargement of Time to file AEB & Affidavit in Support
2304/01/2002 APPELLEE BRIEF
2404/01/2002 APPELLEE APPENDIX
2504/02/2002 MOTION FOR SUSPENSION OF RULES (re word count); AFFIDAVIT OF ROBERT G. HOY
2604/02/2002 ACTION BY CHIEF JUSTICE (ext. of word limits - AEB). Granted
2704/10/2002 Table of Authorities and page for AEB
2804/10/2002 DISK - AEB (e-mailed)
2904/12/2002 Supplemental Clerk's Certificate #2 dated 4-11-02 (Entry Nos. 120 & 122-127)
3004/18/2002 APPELLANT'S REPLY BRIEF
3104/19/2002 DISK - Appellant's Reply Brief
3204/29/2002 REPLY BRIEF of Appellee/Cross-Appellant
3304/30/2002 DISK - Appellee/Cross-Appellant Reply Brief
3405/22/2002 APPEARANCES: Richard Henderson; Robert G. Hoy
3505/22/2002 ARGUED: Henderson; Hoy (Vol. X; Page 224)
3605/22/2002 ORAL ARGUMENT WEBCAST
3706/26/2002 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 6-25-02 (Entry Nos. 125 (orig. Execution); 128-139
3808/29/2002 DISPOSITION: AFFIRMED/PT, REVERSED/PT
3908/29/2002 UNANIMOUS OPINION: Kapsner, Carol Ronning
4008/29/2002 Costs taxed in favor of Comstock Construction
4109/20/2002 MANDATE
4209/24/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4310/08/2007 EXPUNGED - Nonpermanent record items destroyed

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