Akerlind v. Buck
Steven D. Akerlind, individually
and on behalf of Busy Bubbles
Laundry, a General Partnership, Plaintiff and Appellant
Steven L. Buck and Michelle
Marie Buck, Defendants and Appellees
East Central Judicial District,
Judge Frank L. Racek
|Nature of Action:||Contracts|
|Term:||10/2003  Argument: 10/07/2003|
|ND cite:||2003 ND 169|
671 N.W.2d 256
Listen to recording of oral argument in MP3 format
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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|1||05/12/2003 NOTICE OF APPEAL: 05/09/2003|
|2||05/12/2003 ORDER FOR TRANSCRIPT: 05/09/2003|
|3||06/03/2003 TRANSCRIPT DATED October 3 & 4, 2002|
|4||06/06/2003 DISK - TRA of Oct 3&4, 2002|
|5||06/10/2003 RECORD ON APPEAL including 2 depositions (Entry Nos. 20 & 21) and exhibits|
|6||07/11/2003 APPELLANT BRIEF|
|7||07/11/2003 APPELLANT APPENDIX|
|8||07/14/2003 DISK - atb (e-mailed)|
|9||08/06/2003 Supplemental Clerk's Certificate dated 8-4-03 (Entry Nos. 85,89 & 90)|
|10||08/13/2003 APPELLEE BRIEF|
|11||08/13/2003 APPELLEE APPENDIX|
|12||08/15/2003 DISK - AEB|
|13||08/29/2003 REPLY BRIEF of Appellant|
|14||09/02/2003 DISK - RYB|
|15||10/07/2003 APPEARANCES: Joseph A. Turman; Jonathan P. Sanstead, Michelle Buck|
|16||10/07/2003 ARGUED: Turman; Sanstead (Vol. Y; Page 154)|
|17||10/07/2003 ORAL ARGUMENT WEBCAST|
|18||11/13/2003 DISPOSITION: AFFIRMED|
|19||11/13/2003 UNANIMOUS OPINION: Kapsner, Carol Ronning|
|20||11/13/2003 Costs on appeal taxed in favor of appellees|
|21||11/14/2003 Order/Judgment Mailed to Parties|
|23||12/10/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|24||10/04/2010 EXPUNGED - Nonpermanent record items destroyed|