Matrix Properties Corp. v. JCG Investments
Matrix Properties Corporation, Plaintiff and Appellee
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
Carol A. Grettum, TAG Investments,
and Jonathan T. Garaas, Appellants
East Central Judicial District,
Judge Cynthia Rothe-Seeger
|Nature of Action:||Contracts|
|Term:||05/2002  Argument: 05/23/2002|
|ND cite:||2002 ND 99|
647 N.W.2d 706
Listen to recording of oral argument in MP3 format
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|
|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|