Smith Enterprises v. In-Touch Phone Cards
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| 20040039 |
Smith Enterprises, Inc.,
d/b/a D & M Phone Cards, Plaintiff and Appellant
v.
In-Touch Phone Cards, Inc.,
and James Wolf, Defendants and Appellees
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Cynthia Rothe-Seeger |
|
Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
06/2004 Argument: 06/24/2004 10:45am
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| ND cite: |
2004 ND 169
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| NW cite: |
685 N.W.2d 741
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. The district court erred in dismissing Smith Enterprises' complaint.
2. The district court erred in rendering judgment in favor of counterclaimant, In-Touch Phone Cards, Inc., in the amount of $9,520.23, plus interest and costs.
3. The district court erred in failing to grant Smith Enterprises' relief from the judgment and/or new trial.
Appellee's Statement of the Issues:
1: The trial court did not err in adopting Appellee's proposed Findings of Fact verbatim, and Plaintiff has failed to present evidence to show the Findings of Fact are clearly erroneous.
2: The District Court properly found the relationship between the parties to be a series of individual contracts for sale.
3: The District Court properly found that In-Touch did not tortiously interfere with Smith's contracts with Stop-N-Go and Cenex or Smith's business relationships.
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 Add Docket 20040039 RSS
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| 1 | | 02/02/2004 | |
NOTICE OF APPEAL: 01/30/2004 |
| 2 | | 02/02/2004 | |
ORDER FOR TRANSCRIPT (Roger L. Mjones): 01/30/2004 |
| 3 | | 02/10/2004 | |
Notice of Suspension of Preparation of Transcript due to nonpayment |
| 4 | | 02/19/2004 | |
Letter from Roger Mjones to Mr. McLean acknowledging payment for TRA and preparation of TRA has |
| 5 | | 02/19/2004 | |
resumed |
| 6 | | 02/24/2004 | |
TRANSCRIPT DATED 7-2-03 |
| 7 | | 02/25/2004 | |
DISK - TRA (7-2-03) |
| 8 | | 03/16/2004 | |
MOT. EXT/TIME TRANSCRIPT (Roger L. Mjones) |
| 9 | | 03/16/2004 | |
ACTION BY TRIAL COURT. Granted: 04/29/2004 |
| 10 | | 03/23/2004 | |
Mot/Enlarging Time for TRA (Catherine Jorgensen) (Order extended the filing of her TRA to 3-26-04) |
| 11 | | 03/30/2004 | |
TRANSCRIPT DATED NOVEMBER 19, 2003 |
| 12 | | 03/30/2004 | |
DISK - TRA 11-19-2003 |
| 13 | | 03/31/2004 | |
TRANSCRIPTS DATED NOVEMBER 13, 14, & 15, 2002 (3 VOLUMES) |
| 14 | | 04/01/2004 | |
DISK - TRAs dated November 13, 14, & 15, 2004 (3 disks) |
| 15 | | 04/01/2004 | |
RECORD ON APPEAL including depositions (4) and Partial Transcripts dated Nov 13, 2002 (#97 -1 Vol) |
| 16 | | 04/01/2004 | |
Nov. 13, 14, & 15, 2002 (#109 - 2vol) & (#96 - 1 Vol). Not sent were Nos. 14, 29, 62, 70, 79 & 104 |
| 17 | | 04/01/2004 | |
(Steno Notes) |
| 18 | | 05/10/2004 | |
APPELLANT BRIEF |
| 19 | | 05/10/2004 | |
APPELLANT APPENDIX |
| 20 | | 05/11/2004 | |
DISK - atb |
| 21 | | 05/24/2004 | |
APPELLEE BRIEF |
| 22 | | 05/24/2004 | |
APPELLEE APPENDIX |
| 23 | | 06/01/2004 | |
Corrected TOA & pages 9, 12, & 23 for AEB |
| 24 | | 06/01/2004 | |
DISK - aeb |
| 25 | | 06/07/2004 | |
REPLY BRIEF |
| 26 | | 06/08/2004 | |
DISK - RYB |
| 27 | | 06/24/2004 | |
APPEARANCES: Ronald H. Mclean; Joseph A. Turman, Katrina Turman, third year law student appearing |
| 28 | | 06/24/2004 | |
under the Rule on the limited practice of law by law students |
| 29 | | 06/24/2004 | |
ARGUED: McLean; Ms. Turman and Mr. Turman (Vol. Z; page 10) |
| 30 | | 06/24/2004 | |
ORAL ARGUMENT WEBCAST |
| 31 | | 08/31/2004 | |
DISPOSITION: AFFIRMED |
| 32 | | 08/31/2004 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 33 | | 08/31/2004 | |
Costs on appeal awarded in favor of Appellees |
| 34 | | 09/01/2004 | |
Order/Judgment Mailed to Parties |
| 35 | | 09/28/2004 | |
MANDATE |
| 36 | | 10/01/2004 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 37 | | 05/25/2011 | |
EXPUNGED - Nonpermanent record items destroyed |