Alerus Financial v. Lamb

20030106 Alerus Financial, N.A., a
corporation, Plaintiff and Appellee
v.
Timothy C. Lamb and
Elizabeth Fletcher Lamb, Defendants and Appellants
--------
Community National Bank
of Grand Forks, City of
Grand Forks, and University
Heights Town Homes Association,
Inc., Defendants

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Joel D. Medd
Nature of Action: Foreclosure
Counsel:
Appellant: Pro se
Appellant: Pro se
Appellee: Olson, Juntunen & Sandberg, Ltd.
Term: 09/2003   Argument: 09/16/2003  2:45pm
ND cite: 2003 ND 158
NW cite: 670 N.W.2d 351

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Did the lower court abuse its discretion by denying Appellants' Motion for Continuance to file a response to a Motion for Summary Judgment, then granting a summary judgment and denying a Motion for New Trial, when there were material facts in dispute that would have affected the outcome of the case?
II. Did the lower court's Judgment violate North Dakota's anti-deficiency judgment statutes?
III. Did the lower court err in denying a Request for Stay in this case?

Appellee's Statement of the Issues:
I. The District Court properly granted summary judgment.
A. Standard of Review.
B. The Lambs have failed to present competent admissible evidence to show that the trial court abused its discretion in denying their Motion for Continuance.
C. The trial court's delay in issuing a decision on the Lambs' Motion for New Trial did not prejudice the Lambs.
D. The Lambs have failed to present competent admissible evidence that raises an issue as to any material fact and therefore the Bank is entitled to summary judgment as a matter of law.
II. The lower court's judgment did not violate North Dakota's anti-deficiency statute.
III. The lower court did not err in denying a Request for Stay in this case.

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Docket entries:
104/09/2003 NOTICE OF APPEAL: 04/04/2003
204/09/2003 ORDER FOR TRANSCRIPT: 04/04/2003
304/30/2003 RECORD ON APPEAL
405/14/2003 MOT. EXT/TIME APPELLANT BRIEF
505/14/2003 E-FILED MOTION (by fax)
605/14/2003 ACTION BY CLERK. Granted: 06/13/2003
706/13/2003 APPELLANT BRIEF
806/13/2003 APPELLANT APPENDIX
906/17/2003 DISK - ATB
1007/10/2003 APPELLEE BRIEF
1107/10/2003 APPELLEE APPENDIX
1207/10/2003 DISK (e-mailed) - AEB
1309/16/2003 APPEARANCES: Timothy C. Lamb; Patrick W. Fisher
1409/16/2003 ARGUED: Lamb; Fisher (Vol. Y; Page 141)
1509/16/2003 ORAL ARGUMENT WEBCAST
1610/23/2003 DISPOSITION: AFFIRMED
1710/23/2003 UNANIMOUS OPINION: Maring, Mary Muehlen
1810/23/2003 Costs on appeal taxed in favor of appellee
1910/24/2003 Judgment Mailed to Parties
2011/14/2003 MANDATE
2106/18/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2206/24/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/30/2014