Anderson v. Selby
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| 20040289 |
Arthur N. Anderson
and Ann Anderson, Plaintiffs, Appellants
and Cross-Appellees
v.
Thomas D. Selby, Defendant, Appellee
and Cross-Appellant
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| Appeal from: |
District Court,
Northwest Judicial District,
Williams County
Judge Gary A. Holum |
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Nature of Action: |
Real Property
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| Counsel: |
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| Term: |
03/2005 Argument: 03/29/2005 10:45am
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| ND cite: |
2005 ND 126
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| NW cite: |
700 N.W.2d 696
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I. Did the trial court err as a matter of law in granting summary judgment in favor of the Defendant/Appellee, Thomas Selby (hereafter "Selby").
1.Did the Trial Court err in granting summary judgment quieting title to Tom Selby?
2.Is Tom Selby is entitled to any attorney fees incurred as a result of Art and Ann Anderson bringing this reformation action to the attention of the court.
2. Whether Selby is Entitled to Attorney's Fees From Anderson Due to Anderson's Intentional Breach of Grantor's Warranty Set Forth in the October 23, 2003 Warranty Deed?
Appellee's Statement of the Issues:
1. Whether Trial Court was Correct in Granting Summary Judgment Quieting Title as to Flowage Easement Rights in Favor of Selby Based Upon Alleged Clear Language of the Subject Deed and Formal Admissions Made by Anderson?
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| 1 | | 10/21/2004 | |
NOTICE OF APPEAL: 10/19/2004 |
| 2 | | 10/25/2004 | |
NOTICE OF CROSS APPEAL (Thomas D. Selby) |
| 3 | | 11/16/2004 | |
RECORD ON APPEAL (not rec'd - entry 29 (steno notes)) |
| 4 | | 11/23/2004 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 5 | | 11/23/2004 | |
ACTION BY Chief Deputy CLERK. Granted: 12/20/2004 |
| 6 | | 11/23/2004 | |
E-FILED MOTION (via facsimile) |
| 7 | | 12/20/2004 | |
APPELLANT BRIEF |
| 8 | | 12/20/2004 | |
APPELLANT APPENDIX |
| 9 | | 12/20/2004 | |
DISK - ATB (e-mailed in PDF format) |
| 10 | | 01/18/2005 | |
APPELLEE BRIEF |
| 11 | | 01/25/2005 | |
Corrected Table of Authorities and pages for AEB - inserted |
| 12 | | 01/25/2005 | |
DISK - AEB |
| 13 | | 02/04/2005 | |
REPLY BRIEF |
| 14 | | 02/04/2005 | |
DISK - RYB |
| 15 | | 03/29/2005 | |
APPEARANCES: H. Malcolm Pippin; Charles L. Neff |
| 16 | | 03/29/2005 | |
ARGUED: Pippin; Neff (Vol. Z; Page 98) |
| 17 | | 03/29/2005 | |
ORAL ARGUMENT WEBCAST |
| 18 | | 07/13/2005 | |
DISPOSITION: REVERSED AND REMANDED |
| 19 | | 07/13/2005 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 20 | | 07/13/2005 | |
Costs on Appeal taxed in favor of Appellants/Cross-Appellees |
| 21 | | 07/14/2005 | |
Judgment Mailed to Parties |
| 22 | | 08/04/2005 | |
MANDATE |
| 23 | | 08/09/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 24 | | 11/14/2011 | |
EXPUNGED - Nonpermanent record items destroyed |