Kaffar v. Dschaak
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| 20010317 |
Timothy J. Kaffar and
Barbara K. Kaffar, Plaintiffs and Appellants
v.
Ivan Dschaak and
LuVerne Dschaak, Defendants and Appellees
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| Appeal from: |
District Court,
South Central Judicial District,
Mercer County
Judge Bruce B. Haskell |
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Nature of Action: |
Real Property
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| Counsel: |
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| Term: |
05/2002 Argument: 05/29/2002 02:45pm
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| ND cite: |
2002 ND 92
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| NW cite: |
647 N.W.2d 706
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Was the District Court's clearly erroneous in finding that a new boundary line was not established by acquiescence?
Was the District Court's clearly erroneous in finding that the acquiescence was not of a sufficient time period?
Appellee's Statement of the Issues:
I. Did the Kaffars fail to establish the existence of a new boundary line, pursuant to the doctrine of acquiescence, by clear and convincing evidence?
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 Add Docket 20010317 RSS
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| 1 | | 12/27/2001 | |
NOTICE OF APPEAL: 12/21/2001 |
| 2 | | 12/27/2001 | |
ORDER FOR TRANSCRIPT: 12/21/2001 |
| 3 | | 01/03/2002 | |
RETENTION OF RECORD ON APPEAL (Lisa Schmidt): 02/09/2002 |
| 4 | | 01/25/2002 | |
RECORD ON APPEAL & Exhibits, w/exception of Exhibits 22-26 & 33 |
| 5 | | 02/07/2002 | |
TRANSCRIPT DATED October 3, 2001 |
| 6 | | 02/07/2002 | |
DISK - TRA (10-3-01) |
| 7 | | 03/20/2002 | |
APPELLANT BRIEF |
| 8 | | 03/20/2002 | |
APPELLANT APPENDIX |
| 9 | | 03/27/2002 | |
DISK - ATB (corrected) |
| 10 | | 04/18/2002 | |
APPELLEE BRIEF |
| 11 | | 04/22/2002 | |
Corrected Table of Authorities and page of AEB |
| 12 | | 04/22/2002 | |
DISK - AEB |
| 13 | | 05/10/2002 | |
Supplemental ROA - Exhibits 22-26 (#10 in ROA) - copy of letter dtd -9-02 from McCray |
| 14 | | 05/14/2002 | |
Supplemental ROA - Exhibit 33 (#10 in ROA) (copy of Colette Bruggman's letter to Loren McCray dated |
| 15 | | 05/14/2002 | |
5-10-02, which constitutes Supplemental ROA) |
| 16 | | 05/29/2002 | |
APPEARANCES: Loren C. McCray; Arlen M. Ruff |
| 17 | | 05/29/2002 | |
ARGUED: McCray; Ruff (Vol. Y; Page 2) |
| 18 | | 05/29/2002 | |
ORAL ARGUMENT WEBCAST |
| 19 | | 06/04/2002 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 20 | | 06/04/2002 | |
UNANIMOUS OPINION: Per Curiam |
| 21 | | 06/04/2002 | |
Costs on appeal taxed in favor of appellee |
| 22 | | 06/06/2002 | |
Order/Judgment Mailed to Parties |
| 23 | | 06/28/2002 | |
MANDATE |
| 24 | | 07/03/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 25 | | 10/15/2007 | |
EXPUNGED - Nonpermanent record items destroyed |