Matrix Properties Corp. v. JCG Investments
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| 20020011 |
Matrix Properties Corporation, Plaintiff and Appellee
v.
JCG Investments, L.L.C; Anderson
and Grettum Investments; R. Allan
Rostad; Thomas Richards; and all
other persons unknown claiming any
estate or interest in, or lien or
encumbrance upon, the property
described in the Complaint, Defendants
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Carol A. Grettum, TAG Investments,
and Jonathan T. Garaas, Appellants
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Cynthia Rothe-Seeger |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
05/2002 Argument: 05/23/2002 10:45am
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| ND cite: |
2002 ND 99
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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:
1. Was summary judgment properly granted to Matrix Properties Corporation?
2. Can a court of equity take away a person's legal title to real property when the legal owner has been only partially paid or not paid for his legal interest?
3. Does the fact of non-payment of a purchase price preclude the contract vendee from quieting title on his vendor?
4. Was the lower court's reliance upon res judicata misplaced?
5. Should the judgment be reversed because of the irregularity of the judicial notice taken of former proceedings?
6. Is there any evidence to support the judgment?
7. Is the judgment contrary to statutory law, former decisions of the Supreme Court of North Dakota and contrary to Due Process of Law and Equal Protection of the Laws as guaranteed by the Fourteenth Amendment to the Constitution of the United States
of America?
8. Should the monetary judgment to sanction TAG Investments and Garaas be reversed because it is contrary to the law, the facts and N.D.R.Civ.P 11?
Appellee's Statement of the Issues:
1. Did the Trial Court err in granting summary judgment?
2. Did the Trial Court err in ruling that Appellants were paid?
3. Did the Trial Court err in following the dictates of Matrix Properties Corporation v. TAG Investments, 2001 ND 128, 636 N.W.2d 674?
4. Did the Trial Court err in awarding sanctions under Rule 11?
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| 1 | | 01/10/2002 | |
NOTICE OF APPEAL: 01/08/2002 |
| 2 | | 01/10/2002 | |
ORDER FOR TRANSCRIPT (Vicky Matthys): 01/08/2002 |
| 3 | | 01/10/2002 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 4 | | 02/07/2002 | |
RETENTION OF RECORD ON APPEAL (Fax Copy): 02/27/2002 |
| 5 | | 02/08/2002 | |
Original of Retention of Record |
| 6 | | 02/15/2002 | |
DISK - TRA (11-1-01 & 12-21-01) (e-mailed) |
| 7 | | 02/16/2002 | |
TRANSCRIPTS DATED 11-1-01 & 12-21-01 (2 vols.) |
| 8 | | 02/22/2002 | |
RECORD ON APPEAL, w/exception of Clerk's Cert. Nos. 23, 49, and 53 (Tapes) |
| 9 | | 02/26/2002 | |
Clerk's Supp. Cert. of ROA dated February 25, 2002, with entries 56-58 attached |
| 10 | | 03/26/2002 | |
APPELLANT BRIEF |
| 11 | | 03/26/2002 | |
attached addendum to Appellant Brief |
| 12 | | 03/26/2002 | |
APPELLANT APPENDIX |
| 13 | | 03/27/2002 | |
DISK - ATB |
| 14 | | 04/05/2002 | |
APPELLEE BRIEF |
| 15 | | 04/05/2002 | |
APPELLEE APPENDIX |
| 16 | | 04/09/2002 | |
DISK - aeb |
| 17 | | 04/12/2002 | |
Letter dated 4-11-02 from Sidney J. Spaeth informing us there is no missing page 75 of the |
| 18 | | 04/12/2002 | |
appendix (result of misnumbering) |
| 19 | | 04/20/2002 | |
REPLY BRIEF |
| 20 | | 04/22/2002 | |
DISK - RYB |
| 21 | | 04/25/2002 | |
SITTING WITH THE COURT: Jorgensen, Donald L. |
| 22 | | 05/23/2002 | |
APPEARANCES: Jonathan T. Garaas; Sidney J. Spaeth |
| 23 | | 05/23/2002 | |
ARGUED: Garaas; Spaeth (Vol. X; Page 225) |
| 24 | | 05/23/2002 | |
ORAL ARGUMENT WEBCAST |
| 25 | | 06/06/2002 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 26 | | 06/06/2002 | |
UNANIMOUS OPINION: Per Curiam |
| 27 | | 06/06/2002 | |
Costs on appeal taxed in favor of appellee |
| 28 | | 06/06/2002 | |
Order/Judgment Mailed to Parties |
| 29 | | 06/18/2002 | |
PETITION FOR REHEARING |
| 30 | | 06/19/2002 | |
DISK - PER |
| 31 | | 06/21/2002 | |
Corrected covers (blue) for Petition for Rehearing |
| 32 | | 07/15/2002 | |
ACTION BY SUPREME COURT (PER). Denied |
| 33 | | 07/22/2002 | |
MANDATE |
| 34 | | 09/23/2002 | |
Letter dated 9-17-02 from U.S. Supreme Court Clerk's Office re a petition |
| 35 | | 09/23/2002 | |
vor Writ of Ceriorari was filed 8-30-02 & has been placed on docket for 9-16-02 as #02-413 |
| 36 | | 10/28/2002 | |
Letter dated 10/21/2002 from U.S. Supreme Court Clerk, Petition for Writ of Certiorari is denied |
| 37 | | 07/29/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 38 | | 06/17/2008 | |
EXPUNGED - Nonpermanent record items destroyed |