Alerus Financial v. Lamb
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
Judge Joel D. Medd
| Appellant: | Pro se | |
| Appellant: | Pro se | |
| Appellee: | Fisher, Olson & Juntunen, Ltd. |
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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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