Matrix Properties Corp. v. JCG Investments

20020011 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

Appeal from: District Court, East Central Judicial District, Cass County
Judge Cynthia Rothe-Seeger
Nature of Action: Contracts
Appellant: Garaas Law Firm
Appellee: Vogel Law Firm
Term: 05/2002   Argument: 05/23/2002
ND cite: 2002 ND 99
NW cite: 647 N.W.2d 706

Listen to recording of oral argument in MP3 format

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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Docket entries:
101/10/2002 NOTICE OF APPEAL: 01/08/2002
201/10/2002 ORDER FOR TRANSCRIPT (Vicky Matthys): 01/08/2002
301/10/2002 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
402/07/2002 RETENTION OF RECORD ON APPEAL (Fax Copy): 02/27/2002
502/08/2002 Original of Retention of Record
602/15/2002 DISK - TRA (11-1-01 & 12-21-01) (e-mailed)
702/16/2002 TRANSCRIPTS DATED 11-1-01 & 12-21-01 (2 vols.)
802/22/2002 RECORD ON APPEAL, w/exception of Clerk's Cert. Nos. 23, 49, and 53 (Tapes)
902/26/2002 Clerk's Supp. Cert. of ROA dated February 25, 2002, with entries 56-58 attached
1003/26/2002 APPELLANT BRIEF
1103/26/2002 attached addendum to Appellant Brief
1303/27/2002 DISK - ATB
1404/05/2002 APPELLEE BRIEF
1604/09/2002 DISK - aeb
1704/12/2002 Letter dated 4-11-02 from Sidney J. Spaeth informing us there is no missing page 75 of the
1804/12/2002 appendix (result of misnumbering)
1904/20/2002 REPLY BRIEF
2004/22/2002 DISK - RYB
2104/25/2002 SITTING WITH THE COURT: Jorgensen, Donald L.
2205/23/2002 APPEARANCES: Jonathan T. Garaas; Sidney J. Spaeth
2305/23/2002 ARGUED: Garaas; Spaeth (Vol. X; Page 225)
2606/06/2002 UNANIMOUS OPINION: Per Curiam
2706/06/2002 Costs on appeal taxed in favor of appellee
2806/06/2002 Order/Judgment Mailed to Parties
3006/19/2002 DISK - PER
3106/21/2002 Corrected covers (blue) for Petition for Rehearing
3207/15/2002 ACTION BY SUPREME COURT (PER). Denied
3307/22/2002 MANDATE
3409/23/2002 Letter dated 9-17-02 from U.S. Supreme Court Clerk's Office re a petition
3509/23/2002 vor Writ of Ceriorari was filed 8-30-02 & has been placed on docket for 9-16-02 as #02-413
3610/28/2002 Letter dated 10/21/2002 from U.S. Supreme Court Clerk, Petition for Writ of Certiorari is denied
3806/17/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 04/20/2018