Alerus Financial v. Lamb
Alerus Financial, N.A., a
corporation, Plaintiff and Appellee
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,
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd
|Nature of Action:||Foreclosure|
|Term:||09/2003  Argument: 09/16/2003 2:45pm|
|ND cite:||2003 ND 158|
670 N.W.2d 351
Listen to recording of oral argument in MP3 format
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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|1||04/09/2003||NOTICE OF APPEAL: 04/04/2003|
|2||04/09/2003||ORDER FOR TRANSCRIPT: 04/04/2003|
|3||04/30/2003||RECORD ON APPEAL|
|4||05/14/2003||MOT. EXT/TIME APPELLANT BRIEF|
|5||05/14/2003||E-FILED MOTION (by fax)|
|6||05/14/2003||ACTION BY CLERK. Granted: 06/13/2003|
|9||06/17/2003||DISK - ATB|
|12||07/10/2003||DISK (e-mailed) - AEB|
|13||09/16/2003||APPEARANCES: Timothy C. Lamb; Patrick W. Fisher|
|14||09/16/2003||ARGUED: Lamb; Fisher (Vol. Y; Page 141)|
|15||09/16/2003||ORAL ARGUMENT WEBCAST|
|17||10/23/2003||UNANIMOUS OPINION: Maring, Mary Muehlen|
|18||10/23/2003||Costs on appeal taxed in favor of appellee|
|19||10/24/2003||Judgment Mailed to Parties|
|21||06/18/2003||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|22||06/24/2010||EXPUNGED - Nonpermanent record items destroyed|