Lochthowe v. C.F. Peterson Estate

20040159 Jared Lochthowe, Plaintiff and Appellant
v.
C.F. Peterson Estate,
Peterson Farm Properties,
Douglas Thompson, Defendants
and
David Thompson, Defendant and Appellee

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Douglas L. Mattson
Nature of Action: Contracts
Counsel:
Appellant: Irvin B. Nodland, PC
Appellee: Lamont Law Firm, PC
Term: 11/2004   Argument: 11/30/2004  10:45am
ND cite: 2005 ND 40
NW cite: 692 N.W.2d 120

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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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Docket entries:
106/16/2004 NOTICE OF APPEAL: 06/15/2004
206/16/2004 ORDER FOR TRANSCRIPT: 06/15/2004
306/16/2004 Acknowledgement of order for Transcript and request for advance payment
406/16/2004 RETENTION OF RECORD ON APPEAL: 08/04/2004
507/19/2004 Suspension of Preparation of Transcript by Renee Hermanson
607/21/2004 Notice from Renee Hermanson dated 7-20-04 RE:she has received payment & will resume work on TRA
708/03/2004 TRANSCRIPT DATED December 2, 2003
808/04/2004 DISK - TRA (12-2-03)
908/06/2004 RECORD ON APPEAL (2 vols.) and Exhibits
1008/24/2004 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 8-23-04 (Entry Nos. 168-172 - incl. Judgment dated 8-23-04)
1109/08/2004 APPELLANT BRIEF
1209/08/2004 APPELLANT APPENDIX
1309/14/2004 Corrected TOA & corrected page 16
1409/16/2004 Second corrected TOA & corrected page 11
1509/16/2004 DISK -- atb (e-mailed)
1610/08/2004 APPELLEE BRIEF
1710/11/2004 DISK - aeb
1811/30/2004 APPEARANCES: Irvin B. Nodland; Robert J. Lamont
1911/30/2004 ARGUED: Nodland; Lamont (Vol. Z; Page 60)
2011/30/2004 ORAL ARGUMENT WEBCAST
2102/16/2005 DISPOSITION: AFFIRMED
2202/16/2005 UNANIMOUS OPINION: VandeWalle, Gerald W.
2302/16/2005 Costs taxed in favor of Appellee, David Thompson
2402/18/2005 Judgment Mailed to Parties
2503/14/2005 MANDATE
2603/18/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2708/31/2011 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 07/28/2014