Hanson v. Boeder
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| 20060114 |
Paul K. Hanson, Plaintiff and Appellee
v.
Donald Boeder, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Steele County
Judge Steven L. Marquart |
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Nature of Action: |
Real Property
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| Counsel: |
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| Term: |
11/2006 Argument: 11/22/2006 10:45am
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| ND cite: |
2007 ND 20
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| NW cite: |
727 N.W.2d 280
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I.Did the Court err in failing to apply the doctrine of avoidable consequences to reduce Hanson's damages?
II.Did the Court err in awarding damages to Hanson for the loss of the use of bins and machine sheds which resulted in a double recovery for Hanson?
III.Did the Court err in awarding Hanson damages for fall tillage work?
Appellee's Statement of the Issues:
1. Were the issues presented by Donald Boeder, the Defendant/Appellant "Boeder" presented below, or are they argued for the first time on appeal?
2. Are the court's findings of fact on damages clearly erroneous or outside the range of the evidence presented?
3. Is this appeal frivolous?
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 Add Docket 20060114 RSS
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| 1 | | 04/13/2006 | |
NOTICE OF APPEAL: 04/07/2006 |
| 2 | | 04/13/2006 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 3 | | 04/17/2006 | |
ORDER FOR TRANSCRIPT: 04/07/2006 |
| 4 | | 05/08/2006 | |
RETENTION OF RECORD ON APPEAL: 07/06/2006 |
| 5 | | 05/24/2006 | |
MOT. EXT/TIME TRANSCRIPT |
| 6 | | 05/24/2006 | |
ACTION BY TRIAL COURT. Granted: 07/06/2006 |
| 7 | | 06/29/2006 | |
MOT. EXT/TIME TRANSCRIPT |
| 8 | | 06/29/2006 | |
ACTION BY CLERK (MTR). Granted: 07/13/2006 |
| 9 | | 07/13/2006 | |
TRANSCRIPTS DATED February 7, 8, 9 & 17, 2006 (4 vols.) |
| 10 | | 07/14/2006 | |
DISK - tra (e-mailed) (2/7/06 & 2/8/06) |
| 11 | | 07/14/2006 | |
NOTICE OF CROSS APPEAL |
| 12 | | 07/14/2006 | |
MOTION by Paul Hanson to Dismiss Cross-Appeal |
| 13 | | 07/14/2006 | |
ACTION BY CLERK. Granted |
| 14 | | 07/14/2006 | |
Order Mailed to Parties |
| 15 | | 07/18/2006 | |
DISK - tra (2/9/06 & 2/17/06) (e-mailed) |
| 16 | | 08/14/2006 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 17 | | 08/14/2006 | |
E-FILED MOTION (MAT by fax) |
| 18 | | 08/14/2006 | |
ACTION BY CLERK (MAT). Granted: 09/01/2006 |
| 19 | | 08/16/2006 | |
RECORD ON APPEAL (7 Vol.) including separate exhibits and deposition (1) |
| 20 | | 09/01/2006 | |
APPELLANT BRIEF |
| 21 | | 09/01/2006 | |
APPELLANT APPENDIX |
| 22 | | 09/05/2006 | |
DISK - atb |
| 23 | | 09/26/2006 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 24 | | 09/26/2006 | |
ACTION BY CLERK (MAE). Granted: 10/16/2006 |
| 25 | | 09/26/2006 | |
E-FILED MOTION (MAE) |
| 26 | | 10/16/2006 | |
APPELLEE BRIEF (e-filed pdf) |
| 27 | | 10/16/2006 | |
E-FILED BRIEF (AEB) |
| 28 | | 10/16/2006 | |
APPELLEE APPENDIX |
| 29 | | 10/16/2006 | |
E-FILED APPENDIX (AEA) |
| 30 | | 10/19/2006 | |
Made 7 copies of AEB and 6 copies of AEA |
| 31 | | 10/20/2006 | |
Received $25 filing fee for AEB - Receipt #17154 |
| 32 | | 10/24/2006 | |
SITTING WITH THE COURT: Anderson, Zane |
| 33 | | 10/30/2006 | |
REPLY BRIEF of Donald Boeder |
| 34 | | 10/31/2006 | |
DISK - RYB |
| 35 | | 11/22/2006 | |
APPEARANCES: Bruce H. Carlson; Roger J. Minch, Paul K. Hanson |
| 36 | | 11/22/2006 | |
ARGUED: Carlson; Minch |
| 37 | | 11/22/2006 | |
ORAL ARGUMENT WEBCAST |
| 38 | | 02/06/2007 | |
DISPOSITION: AFFIRMED |
| 39 | | 02/06/2007 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 40 | | 02/06/2007 | |
Costs on appeal taxed in favor of appellee |
| 41 | | 02/08/2007 | |
Judgment Mailed to Parties |
| 42 | | 02/28/2007 | |
MANDATE |
| 43 | | 03/07/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 44 | | 11/20/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |