Matrix v. TAG Investments
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| 20020026 |
Matrix Properties Corporation, a
Minnesota corporation, formerly
known as E.W. Wylie Corporation, Plaintiff and Appellee
v.
TAG Investments, a North Dakota
partnership, and James A. Grettum,
an individual resident of North
Dakota, Defendants and Appellants
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Georgia Dawson |
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Nature of Action: |
Real Property
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| Counsel: |
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| Term: |
06/2002 Argument: 06/28/2002 10:45am
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| ND cite: |
2002 ND 119
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| NW cite: |
651 N.W.2d 692
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Should the lower court have authorized an offset between the amounts owing TAG Investments by the November 2, 1999, Judgment and the September 11, 2001, Judgment?
2. Was there the requisite mutuality for offset of judgments?
3. Did the lower court have jurisdiction to determine that only $66,193.79 was due TAG Investments?
4 Is TAG Investments entitled to pre-judgment and post -judgment statutory interest on its court determined contract with Matrix Property Corporation?
5. Should the December 6, 2001, Judgment be vacated, in whole or in part, because it was made without a factual basis, without proper notice, and inconsistently with due process rights of Appellants as expressed in the rules of civil procedure?
6. Should the cost judgment be reduced by $75.00?
Appellee's Statement of the Issues:
1. Is the September 11, 2001 Judgment void?
2. Is Appellants' claim for interest barred by res judicata?
3. Are Carol Grettum's interests properly before this court?
4. Are Carol Grettum's claims barred by res judicata?
5. Should the cost judgment be reduced by $75
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 Add Docket 20020026 RSS
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| 1 | | 01/28/2002 | |
NOTICE OF APPEAL: 01/25/2002 |
| 2 | | 01/28/2002 | |
ORDER FOR TRANSCRIPT: 01/25/2002 |
| 3 | | 01/28/2002 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 4 | | 01/28/2002 | |
RECORD ON APPEAL,including original transcripts dated 4-11-01 & 8-27-01 (filed in |
| 5 | | 01/28/2002 | |
20010228; to be retained until both cases are mandated) |
| 6 | | 02/26/2002 | |
Request to Retain ROA pending completion of the transcript; ROA already filed in 20010228 |
| 7 | | 03/05/2002 | |
TRANSCRIPT DATED November 21, 2001 |
| 8 | | 03/05/2002 | |
DISK - TRA of 11-21-01 (e-mailed) |
| 9 | | 04/12/2002 | |
APPELLANT BRIEF |
| 10 | | 04/12/2002 | |
APPELLANT APPENDIX |
| 11 | | 04/15/2002 | |
DISK - ATB |
| 12 | | 04/19/2002 | |
Letter from Jonathan Garaas that the ATB begins on page 3 which is correct |
| 13 | | 05/01/2002 | |
APPELLEE BRIEF |
| 14 | | 05/01/2002 | |
APPELLEE APPENDIX |
| 15 | | 05/07/2002 | |
Corrected TOA & pages 3,6,&7 for AEB |
| 16 | | 05/07/2002 | |
DISK - AEB |
| 17 | | 05/14/2002 | |
REPLY BRIEF |
| 18 | | 05/15/2002 | |
DISK - RYB |
| 19 | | 05/28/2002 | |
SITTING WITH THE COURT: Hodny, William F. |
| 20 | | 06/28/2002 | |
APPEARANCES: Jonathan T. Garaas; Sidney J. Spaeth |
| 21 | | 06/28/2002 | |
ARGUED: Garaas; Spaeth |
| 22 | | 06/28/2002 | |
ORAL ARGUMENT WEBCAST |
| 23 | | 07/16/2002 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 24 | | 07/16/2002 | |
UNANIMOUS OPINION: Per Curiam |
| 25 | | 07/16/2002 | |
Costs on appeal taxed in favor of appellee |
| 26 | | 07/16/2002 | |
Order/Judgment Mailed to Parties |
| 27 | | 08/07/2002 | |
MANDATE |
| 28 | | 09/23/2002 | |
Letter dated 9-17-02 from U.S. Supreme Court Clerk's Office re a petition |
| 29 | | 09/23/2002 | |
for Writ of Certiorari was filed 8-30-02 & has been placed on docket for 9-16-02 as #02-413 |
| 30 | | 10/28/2002 | |
Letter dated 10/21/2002 from U.S. Supreme Court Clerk, Petition for Writ of Certiorari is denied |
| 31 | | 08/19/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 32 | | 06/23/2008 | |
EXPUNGED - Nonpermanent record items destroyed |