Choice Financial Group v. Schellpfeffer
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| 20040204 |
Choice Financial Group, Plaintiff and Appellee
v.
Donald A. Schellpfeffer, Defendant and Appellant
and
The R & D Group, LLC, Defendant
|
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Douglas R. Herman |
|
Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
01/2005 Argument: 01/11/2005 01:30pm
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| ND cite: |
2005 ND 90
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| NW cite: |
696 N.W.2d 504
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the District Court improvidently granted Rule 54(b) certification
and improperly ordered entry of judgment so that Choice Financial Group
could begin collection activities (which Choice aggressively pursued); and
II. If the first question is answered in the negative, whether the District
Court's Order for Partial Summary Judgment must be reversed and
Judgment vacated because genuine issues of material fact preclude
summary judgment against Donald Schellpfeffer.
Appellee's Statement of the Issues:
I. Whether the trial court properly granted Rule 54(b) certification by entering
judgment when the money judgments entered by the trial court are substantial and
only a small sum remains in dispute that will not change or alter the judgment.
II. If Rule 54(b) certification was properly granted, whether the trial court properly
ordered partial summary judgment against Schellpfeffer, holding that
Schellpfeffer failed to set forth particular facts establishing genuine issues of
material fact to support a claim of fraudulent inducement, that Schellpfeffer's
personal guaranty is enforceable and that his defense of fraudulent inducement
has been waived.
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| 1 | | 07/26/2004 | |
NOTICE OF APPEAL: 07/23/2004 |
| 2 | | 08/26/2004 | |
RECORD ON APPEAL & Transcript dated 6-17-04 (Not rec'd: #59--tape) |
| 3 | | 08/31/2004 | |
Referred by Clerk's Office--Appealability |
| 4 | | 08/31/2004 | |
ACTION BY CHIEF JUSTICE (MCL). Granted |
| 5 | | 08/31/2004 | |
ORDER OF REMAND |
| 6 | | 08/31/2004 | |
Order Mailed to Parties, trial court, clerk |
| 7 | | 09/27/2004 | |
MOTION FOR Approval of Letter of Credit as Supersedeas and Staying execution of Judgment & Brief |
| 8 | | 09/27/2004 | |
REFILED RECORD ON APPEAL AFTER REMAND (2 Vols.) & TRA dated 6-17-04 (Not rec'd: #'s 59 & 74-Tapes) |
| 9 | | 09/28/2004 | |
Objection to Motion for Approval of Letter of Credit as Supersedeas and Stay (fax) |
| 10 | | 09/29/2004 | |
Original Response Objecting to Schellpfeffer's Motion for Approval of Letter of Credit & Stay |
| 11 | | 09/30/2004 | |
ACTION BY SUPREME COURT (Motion for approval of letter of credit). Denied |
| 12 | | 09/30/2004 | |
Order Mailed to Parties, trial court, clerk |
| 13 | | 09/30/2004 | |
Reset briefing schedule after Remand |
| 14 | | 09/30/2004 | |
ACTION BY CLERK. Granted: 11/01/2004 |
| 15 | | 10/12/2004 | |
Supplemental Clerk's Certificate dated 10-12-04 (Entry Nos. 34, 36, and 88 through 94) |
| 16 | | 11/01/2004 | |
APPELLANT BRIEF (e-filed) |
| 17 | | 11/01/2004 | |
E-FILED BRIEF (ATB) (e-mailed as a pdf) |
| 18 | | 11/01/2004 | |
APPELLANT APPENDIX |
| 19 | | 11/02/2004 | |
Affidavits of Service of Briefs & Appendices (both by e-mail & US mail) |
| 20 | | 11/02/2004 | |
Updated Affidavits of Good Standing of Timothy K. Dolan and Michael S. Degan (faxed) |
| 21 | | 11/05/2004 | |
Surcharge for EFB-ATB (Receipt #15848) |
| 22 | | 11/10/2004 | |
Copies of Appellant's Brief from Central Duplicating |
| 23 | | 12/01/2004 | |
APPELLEE BRIEF (e-filed) |
| 24 | | 12/01/2004 | |
E-FILED BRIEF (AEB) (e-mailed as a pdf) |
| 25 | | 12/01/2004 | |
APPELLEE APPENDIX |
| 26 | | 12/02/2004 | |
$25 surcharge for AEB (Receipt #15876) |
| 27 | | 12/07/2004 | |
Copies of AEB from Central Duplicating |
| 28 | | 12/15/2004 | |
REPLY BRIEF (e-filed) |
| 29 | | 12/15/2004 | |
E-FILED BRIEF (RYB) (e-mailed as a pdf) |
| 30 | | 01/11/2005 | |
APPEARANCES: Daniel J. Crothers; Lowell P. Bottrell, Kyle L. Carlson |
| 31 | | 01/11/2005 | |
ARGUED: Crothers; Bottrell (Vol. Z; Page 74) |
| 32 | | 01/11/2005 | |
ORAL ARGUMENT WEBCAST |
| 33 | | 05/17/2005 | |
DISPOSITION: DISMISSED |
| 34 | | 05/17/2005 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 35 | | 05/17/2005 | |
Costs on appeal taxed in favor of Appellee |
| 36 | | 05/19/2005 | |
Judgment Mailed to Parties |
| 37 | | 05/25/2005 | |
MOTION to amend judgment to allow appellant to tax costs and disbursements of appeal |
| 38 | | 05/25/2005 | |
E-FILED MOTION to amend judgment (via facsimile) |
| 39 | | 05/26/2005 | |
Choice Financial Group's Response objecting to Schellpfeffer's Motion to amend judgment |
| 40 | | 05/26/2005 | |
E-FILED Response objecting to motion to amend judgment (via facsimile) |
| 41 | | 06/01/2005 | |
ACTION BY SUPREME COURT (however, judgment will be amended to award no costs). Denied |
| 42 | | 06/01/2005 | |
Amended Judgment: no costs taxed on this appeal |
| 43 | | 06/01/2005 | |
Order & Amended Judgment Mailed to Parties |
| 44 | | 06/02/2005 | |
Donald Schellpfeffer's Reply to Choice Financial's Objection to Motion to Amend Judgment to Tax |
| 45 | | 06/02/2005 | |
Costs and Disbursements on Appeal w/ attachments |
| 46 | | 06/10/2005 | |
MANDATE |
| 47 | | 06/14/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 48 | | 10/05/2011 | |
EXPUNGED - Nonpermanent record items destroyed |