Ag Acceptance Corp. v. Glinz
Ag Acceptance Corporation,
as assignee of Ag Services
of America, Inc., Plaintiff and Appellee
Cecelia Glinz, and the
Estate of Bruce Glinz,
by and through Cecelia
Glinz, as duly appointed
representative of the
Estate, Defendants and Appellants
Southeast Judicial District,
Judge John T. Paulson
|Nature of Action:||Debtor/Creditor|
|Term:||02/2004  Argument: 02/05/2004 10:45am|
|ND cite:||2004 ND 154|
684 N.W.2d 632
Listen to recording of oral argument in MP3 format
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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|1||07/02/2003||NOTICE OF APPEAL: 06/30/2003|
|2||07/02/2003||ORDER FOR TRANSCRIPT: 06/30/2003|
|3||07/02/2003||ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|4||07/10/2003||RETENTION OF RECORD ON APPEAL & Acknowledgment of Order for Transcript: 08/19/2003|
|5||08/19/2003||TRANSCRIPT DATED 4-3-00; 11-1-00; 11-22-00; 1-16-02; & 2-15-02 (5 vols.)|
|6||08/22/2003||DISK of tras dated 4-3-00, 11-1-00, 11-22-00, 1-16-02, & 2-15-02|
|7||08/22/2003||RECORD ON APPEAL (3 Vol)(including Deposition dated August 9, 2001 and Transcript of Proceedings|
|8||08/22/2003||dated April 3, 2000|
|9||08/22/2003||Amended Proof of Service of Transcripts dated 4-3-00, 11-1-00, 11-22-00, 1-16-02 & 2-15-02|
|10||09/24/2003||MOT. EXT/TIME APPELLANT BRIEF (letter dated 9-23-03 from Jonathan T. Garaas, w/attach.)|
|11||09/24/2003||ACTION BY CLERK (NOTE: ATB will be due 14 days from the filing of the summary judgment transcript -. Granted: 10/20/2003|
|12||09/24/2003||above due date is for monitoring purposes)|
|13||10/16/2003||RETURN OF ROA TO DIST. CT. (due date is approximate): 10/27/2003|
|14||10/21/2003||RE-FILED RECORD ON APPEAL (3 Vol) including Deposition of 8-9-01 and Transcript dated 4-3-00|
|15||11/06/2003||TRANSCRIPT DATED 1-24-03|
|16||11/07/2003||DISK - TR6 (TRA dated 1-24-03)|
|17||11/07/2003||MOT. EXT/TIME APPELLANT BRIEF (no MAT)|
|18||11/07/2003||ACTION BY CLERK (sua sponte). Granted: 11/20/2003|
|20||11/19/2003||with attached addendum|
|22||11/20/2003||DISK - ATB|
|23||11/26/2003||Copies of Amended table of contents, Order for Judgment and Order (inserted into ATA)|
|24||12/16/2003||MOT. EXT/TIME APPELLEE BRIEF (faxed)|
|25||12/16/2003||E-FILED MOTION for Ext/AEB|
|26||12/16/2003||ACTION BY Chief Deputy CLERK. Granted: 01/09/2004|
|27||12/17/2003||Original Mot. Ext/Time AEB (same as faxed copy)|
|29||01/12/2004||DISK - AEB (e-mailed)|
|30||01/22/2004||Page iv of the Table of Authorities for AEB|
|31||01/22/2004||SITTING WITH THE COURT: Mattson, Douglas L.|
|33||01/26/2004||DISK (e-filed) - RYB|
|34||02/05/2004||APPEARANCES: Jonathan T. Garaas; Jon R. Brakke|
|35||02/05/2004||ARGUED: Garaas; Brakke (Vol. Y; Page 202)|
|36||02/05/2004||ORAL ARGUMENT WEBCAST|
|38||07/26/2004||UNANIMOUS OPINION: Neumann, William A.|
|39||07/26/2004||Costs on appeal taxed in favor of Ag Acceptance Corp. as assignee of Ag Services of America|
|40||07/28/2004||Corrected Opinion Page 9|
|41||07/29/2004||Judgment Mailed to Parties|
|42||08/09/2004||PETITION FOR REHEARING|
|43||08/10/2004||DISK - PER|
|44||09/03/2004||ACTION BY SUPREME COURT. Denied|
|46||01/19/2005||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|47||10/28/2010||EXPUNGED - Nonpermanent record items destroyed|