Akerlind v. Buck

20030139 Steven D. Akerlind, individually
and on behalf of Busy Bubbles
Laundry, a General Partnership, Plaintiff and Appellant
v.
Steven L. Buck and Michelle
Marie Buck, Defendants and Appellees

Appeal from: District Court, East Central Judicial District, Cass County
Judge Frank L. Racek
Nature of Action: Contracts
Counsel:
Appellant: Turman & Lang, Ltd.
Appellee: Pearce & Durick
Term: 10/2003   Argument: 10/07/2003  9:30am
ND cite: 2003 ND 169
NW cite: 671 N.W.2d 256

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Issue 1: The trial court made several clearly erroneous findings of fact.
Issue 2: No evidence was presented by the defense to dispute the testimony and exhibits provided by Mr. Thomas W. McShane.

Reply Brief Issues

Issue 1: Finding of Fact No. 9 is clearly erroneous.
Issue 2: Finding of Fact No. 11 is clearly erroneous.
Issue 3: There is no evidence presented by either party to support the court's finding that Mr. Akerlind converted nearly $250,000 of partnership funds as his own.
Issue 4: Mr. Akerlind complied with his duties under N.D.Cent.Code  45-16-03(3)(b) to provide financial information to the Bucks.
Issue 5: Michelle Buck is not entitled to compensation as a matter of law.
Issue 6: The partnership is indebted to Mr. Akerlind for monies he loaned to the partnership.


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Docket entries:
105/12/2003 NOTICE OF APPEAL: 05/09/2003
205/12/2003 ORDER FOR TRANSCRIPT: 05/09/2003
306/03/2003 TRANSCRIPT DATED October 3 & 4, 2002
406/06/2003 DISK - TRA of Oct 3&4, 2002
506/10/2003 RECORD ON APPEAL including 2 depositions (Entry Nos. 20 & 21) and exhibits
607/11/2003 APPELLANT BRIEF
707/11/2003 APPELLANT APPENDIX
807/14/2003 DISK - atb (e-mailed)
908/06/2003 Supplemental Clerk's Certificate dated 8-4-03 (Entry Nos. 85,89 & 90)
1008/13/2003 APPELLEE BRIEF
1108/13/2003 APPELLEE APPENDIX
1208/15/2003 DISK - AEB
1308/29/2003 REPLY BRIEF of Appellant
1409/02/2003 DISK - RYB
1510/07/2003 APPEARANCES: Joseph A. Turman; Jonathan P. Sanstead, Michelle Buck
1610/07/2003 ARGUED: Turman; Sanstead (Vol. Y; Page 154)
1710/07/2003 ORAL ARGUMENT WEBCAST
1811/13/2003 DISPOSITION: AFFIRMED
1911/13/2003 UNANIMOUS OPINION: Kapsner, Carol Ronning
2011/13/2003 Costs on appeal taxed in favor of appellees
2111/14/2003 Order/Judgment Mailed to Parties
2212/08/2003 MANDATE
2312/10/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2410/04/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 11/26/2014