Lochthowe v. C.F. Peterson Estate
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| 20040159 |
Jared Lochthowe, Plaintiff and Appellant
v.
C.F. Peterson Estate,
Peterson Farm Properties,
Douglas Thompson, Defendants
and
David Thompson, Defendant and Appellee
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge Douglas L. Mattson |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
11/2004 Argument: 11/30/2004 10:45am
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| ND cite: |
2005 ND 40
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| NW cite: |
692 N.W.2d 120
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Did the trial court err in refusing to consider the doctrine of unjust enrichment in arriving at its decision?
2. Should Peterson be entitled to damages based on a claim he was damaged by an illegal lien when no illegal lien was ever filed against him?
Appellee's Statement of the Issues:
1. Did the trial court abuse its discretion in denying Lochthowe's post-trial motion to amend complaint to add claim for unjust enrichment?
2. Did the trial court properly award damages to David Thompson on his counterclaim?
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| 1 | | 06/16/2004 | |
NOTICE OF APPEAL: 06/15/2004 |
| 2 | | 06/16/2004 | |
ORDER FOR TRANSCRIPT: 06/15/2004 |
| 3 | | 06/16/2004 | |
Acknowledgement of order for Transcript and request for advance payment |
| 4 | | 06/16/2004 | |
RETENTION OF RECORD ON APPEAL: 08/04/2004 |
| 5 | | 07/19/2004 | |
Suspension of Preparation of Transcript by Renee Hermanson |
| 6 | | 07/21/2004 | |
Notice from Renee Hermanson dated 7-20-04 RE:she has received payment & will resume work on TRA |
| 7 | | 08/03/2004 | |
TRANSCRIPT DATED December 2, 2003 |
| 8 | | 08/04/2004 | |
DISK - TRA (12-2-03) |
| 9 | | 08/06/2004 | |
RECORD ON APPEAL (2 vols.) and Exhibits |
| 10 | | 08/24/2004 | |
SUPPLEMENTAL CLERK'S CERTIFICATE DATED 8-23-04 (Entry Nos. 168-172 - incl. Judgment dated 8-23-04) |
| 11 | | 09/08/2004 | |
APPELLANT BRIEF |
| 12 | | 09/08/2004 | |
APPELLANT APPENDIX |
| 13 | | 09/14/2004 | |
Corrected TOA & corrected page 16 |
| 14 | | 09/16/2004 | |
Second corrected TOA & corrected page 11 |
| 15 | | 09/16/2004 | |
DISK -- atb (e-mailed) |
| 16 | | 10/08/2004 | |
APPELLEE BRIEF |
| 17 | | 10/11/2004 | |
DISK - aeb |
| 18 | | 11/30/2004 | |
APPEARANCES: Irvin B. Nodland; Robert J. Lamont |
| 19 | | 11/30/2004 | |
ARGUED: Nodland; Lamont (Vol. Z; Page 60) |
| 20 | | 11/30/2004 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 02/16/2005 | |
DISPOSITION: AFFIRMED |
| 22 | | 02/16/2005 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 23 | | 02/16/2005 | |
Costs taxed in favor of Appellee, David Thompson |
| 24 | | 02/18/2005 | |
Judgment Mailed to Parties |
| 25 | | 03/14/2005 | |
MANDATE |
| 26 | | 03/18/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 27 | | 08/31/2011 | |
EXPUNGED - Nonpermanent record items destroyed |