Akerlind v. Buck
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| 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
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Frank L. Racek |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
10/2003 Argument: 10/07/2003 09:30am
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| ND cite: |
2003 ND 169
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| NW cite: |
671 N.W.2d 256
Listen to recording of oral argument
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| 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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| 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 |
| 22 | | 12/08/2003 | |
MANDATE |
| 23 | | 12/10/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 24 | | 10/04/2010 | |
EXPUNGED - Nonpermanent record items destroyed |