Ag Acceptance Corp. v. Glinz

20030197 Ag Acceptance Corporation,
as assignee of Ag Services
of America, Inc., Plaintiff and Appellee
v.
Cecelia Glinz, and the
Estate of Bruce Glinz,
by and through Cecelia
Glinz, as duly appointed
representative of the
Estate, Defendants and Appellants

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge John T. Paulson
Nature of Action: Debtor/Creditor
Counsel:
Appellant: Garaas Law Firm
Appellee: Vogel Law Firm
Term: 02/2004   Argument: 02/05/2004  10:45am
ND cite: 2004 ND 154
NW cite: 684 N.W.2d 632

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Issues: Appellant's Statement of the Issues:
1. Are there genuine issues of material fact that should have precluded summary judgment?
2. Did AG ACCEPTANCE prove it was entitled to judgment as a matter of law?
3. Did AG ACCEPTANCE prove it was entitled to a deficiency judgment [under North Dakota or Iowa law] when no notice of the disposition of collateral was afforded the GLINZES, no account made to the lower court as to the disposition of collateral, and with certain equipment still unsold?
4. Did AG ACCEPTANCE prove it was entitled to all collateral seized under lower court order?
5. Should the underlying transaction be viewed as a revolving charge accounts under North Dakota law, rather than loans?
6. Did the lower court authorize summary judgment on a legal theory that violates the public policy of North Dakota as to who can make loans or who can be involved in a revolving charge account?
7. Can AG ACCEPTANCE collect a credit charge under North Dakota law or Iowa law?
8. Can attorney fees be awarded under North Dakota law or Iowa law?
9. Does the transfer of a non-negotiable instrument assign only the amount owing on said instrument as of the date of the transfer?
10. Should the GLINZES be allowed a trial on their antitrust claims?

Appellee's Statement of the Issues:
I. The District Court properly grant summary judgment in favor of Ag Acceptance.
A. No material factual dispute exist as to the elements of Ag Acceptance's claim against the Glinzes.
B. The Glinzes arguments respecting disposition of collateral barred in that the same were not raised at the trial court level and are without legal basis.
C. The District Court properly conclude that Ag Acceptance's collateral included all of the Glinzes' governmental agricultural program payments.
D. The District Court correctly find that there is no legal or factual basis to the Glinzes' claim that the promissory notes the Glinzes signed are unenforceable pursuant to North Dakota Century Code, Chapter 51-14 (Revolving Charge Agreements).
1. North Dakota Century Code, Chapter 51-14 apply to this case.
2. The loans constitute revolving charge accounts.
E. The Glinzes arguments respecting whether Ag Acceptance is authorized to make loans in the State of North Dakota without legal basis.
F. The trial court correctly found Ag Acceptance was entitled to recover interest at the promissory note rate.
G.The District Court properly grant summary judgment on Appellant's Sherman Act allegations.
H. Attorney fees properly awarded to Ag Acceptance.
I. The District Court properly determine Ag Acceptance has the right to enforce the promissory notes according to their terms.
J.The District Court correctly determine the assignment by Ag Services of America, Inc. of its right under the Master Promissory Notes to Ag Acceptance Corporation did not constitute a novation.

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Docket entries:
107/02/2003 NOTICE OF APPEAL: 06/30/2003
207/02/2003 ORDER FOR TRANSCRIPT: 06/30/2003
307/02/2003 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
407/10/2003 RETENTION OF RECORD ON APPEAL & Acknowledgment of Order for Transcript: 08/19/2003
508/19/2003 TRANSCRIPT DATED 4-3-00; 11-1-00; 11-22-00; 1-16-02; & 2-15-02 (5 vols.)
608/22/2003 DISK of tras dated 4-3-00, 11-1-00, 11-22-00, 1-16-02, & 2-15-02
708/22/2003 RECORD ON APPEAL (3 Vol)(including Deposition dated August 9, 2001 and Transcript of Proceedings
808/22/2003 dated April 3, 2000
908/22/2003 Amended Proof of Service of Transcripts dated 4-3-00, 11-1-00, 11-22-00, 1-16-02 & 2-15-02
1009/24/2003 MOT. EXT/TIME APPELLANT BRIEF (letter dated 9-23-03 from Jonathan T. Garaas, w/attach.)
1109/24/2003 ACTION BY CLERK (NOTE: ATB will be due 14 days from the filing of the summary judgment transcript -. Granted: 10/20/2003
1209/24/2003 above due date is for monitoring purposes)
1310/16/2003 RETURN OF ROA TO DIST. CT. (due date is approximate): 10/27/2003
1410/21/2003 RE-FILED RECORD ON APPEAL (3 Vol) including Deposition of 8-9-01 and Transcript dated 4-3-00
1511/06/2003 TRANSCRIPT DATED 1-24-03
1611/07/2003 DISK - TR6 (TRA dated 1-24-03)
1711/07/2003 MOT. EXT/TIME APPELLANT BRIEF (no MAT)
1811/07/2003 ACTION BY CLERK (sua sponte). Granted: 11/20/2003
1911/19/2003 APPELLANT BRIEF
2011/19/2003 with attached addendum
2111/19/2003 APPELLANT APPENDIX
2211/20/2003 DISK - ATB
2311/26/2003 Copies of Amended table of contents, Order for Judgment and Order (inserted into ATA)
2412/16/2003 MOT. EXT/TIME APPELLEE BRIEF (faxed)
2512/16/2003 E-FILED MOTION for Ext/AEB
2612/16/2003 ACTION BY Chief Deputy CLERK. Granted: 01/09/2004
2712/17/2003 Original Mot. Ext/Time AEB (same as faxed copy)
2801/09/2004 APPELLEE BRIEF
2901/12/2004 DISK - AEB (e-mailed)
3001/22/2004 Page iv of the Table of Authorities for AEB
3101/22/2004 SITTING WITH THE COURT: Mattson, Douglas L.
3201/23/2004 REPLY BRIEF
3301/26/2004 DISK (e-filed) - RYB
3402/05/2004 APPEARANCES: Jonathan T. Garaas; Jon R. Brakke
3502/05/2004 ARGUED: Garaas; Brakke (Vol. Y; Page 202)
3602/05/2004 ORAL ARGUMENT WEBCAST
3707/26/2004 DISPOSITION: AFFIRMED
3807/26/2004 UNANIMOUS OPINION: Neumann, William A.
3907/26/2004 Costs on appeal taxed in favor of Ag Acceptance Corp. as assignee of Ag Services of America
4007/28/2004 Corrected Opinion Page 9
4107/29/2004 Judgment Mailed to Parties
4208/09/2004 PETITION FOR REHEARING
4308/10/2004 DISK - PER
4409/03/2004 ACTION BY SUPREME COURT. Denied
4509/15/2004 MANDATE
4601/19/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4710/28/2010 EXPUNGED - Nonpermanent record items destroyed

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