Intercept Corp. v. Calima Financial LLC
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| 20060307 |
Intercept Corporation, Plaintiff and Appellee
v.
Calima Financial, LLC, dba
Cyber Cash Funding, Defendant
and
Edgar G. Santos-Hill, individually, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Steven L. Marquart |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
10/2007 Argument: 10/23/2007 09:30am
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| ND cite: |
2007 ND 180
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| NW cite: |
741 N.W.2d 209
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the trial court had personal jurisdiction over Edgar Santos-Hill, a resident of the State of Florida by reason of North Dakota's long-arm statute?
2. Should the Court's "Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order for Judgment Determination of the trial court be reversed, based upon the doctrine of res judicata and collateral estoppel?
3. Whether the trial court abused its discretion in finding Edgar Santos-Hill personally liable for the contract between Intercept and Calima Financial, Llc D/b/a Cyber Cash?
4. Whether the trial court abused its discretion in piercing the corporate veil and holding Edgar Santos-Hill personally liable for the contract between Intercept and Calima Financial, Llc D/b/a Cyber Cash?
5. Whether the trial court abused its discretion in finding Edgar Santos-Hill a manager or member of Calima Financial, Llc D/b/a Cyber Cash?
Appellee's Statement of the Issues:
The Trial Court Properly Denied Santos-Hill's Motion To Amend His Answer
The Trial Court Properly Pierced Calima's Corporate Veil And Properly Imposed Personal Liability Upon Santos-Hill
Santos-Hill's Res Judicata Argument Is Erroneous
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| 1 | | 11/02/2006 | |
NOTICE OF APPEAL: 11/01/2006 |
| 2 | | 11/13/2006 | |
Request for advance payment of the transcript |
| 3 | | 11/14/2006 | |
ORDER FOR TRANSCRIPT: 11/08/2006 |
| 4 | | 11/30/2006 | |
Letter from Catherine Jorgensen suspending preparation of the transcript for non-payment |
| 5 | | 11/30/2006 | |
Reset due date for ATB for suspension of transcript for failure to make advance payment |
| 6 | | 12/04/2006 | |
RECORD ON APPEAL w/Separates (Entry Nos. 67,70,79-83,92,94,119-175) & Pl. Ex's #20,20A,22,24,30,31 |
| 7 | | 12/04/2006 | |
Not included w/ROA were Steno Notes/Tapes (Entry Nos. 12,19,36,47,69,97 & 177) |
| 8 | | 12/11/2006 | |
Faxed letter from Catherine Jorgensen dated 12-11-06 RE: receipt of payment for TRA |
| 9 | | 01/02/2007 | |
MOT. EXT/TIME TRANSCRIPT |
| 10 | | 01/02/2007 | |
ACTION BY TRIAL COURT (MTR). Granted: 01/08/2007 |
| 11 | | 01/02/2007 | |
E-FILED MOTION (MTR) |
| 12 | | 01/05/2007 | |
Supplemental Clerk's Certificate dated 1-3-07 (Entry Nos. 193-195) |
| 13 | | 01/08/2007 | |
MOT. EXT/TIME APPELLANT BRIEF (faxed) |
| 14 | | 01/08/2007 | |
E-FILED MOTION (Mot/Ext/ATB) |
| 15 | | 01/09/2007 | |
ACTION BY CLERK. denied |
| 16 | | 01/10/2007 | |
MOT. EXT/TIME TRANSCRIPT |
| 17 | | 01/10/2007 | |
ACTION BY TRIAL COURT. Granted: 01/10/2007 |
| 18 | | 01/10/2007 | |
TRANSCRIPTS DATED August 14, 2006 |
| 19 | | 01/10/2007 | |
DISK -tra (8-14-2006) electronic copy |
| 20 | | 01/17/2007 | |
REQ. EXT/TIME APPELLANT BRIEF |
| 21 | | 01/17/2007 | |
ACTION BY CLERK (MAT). Granted: 03/21/2007 |
| 22 | | 03/09/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 23 | | 03/09/2007 | |
E-FILED MOTION (MAT/by fax) |
| 24 | | 03/14/2007 | |
Clerk's Supplemental Certificate of Record dated March 13, 2007 (Entry Nos. 196-199). |
| 25 | | 03/19/2007 | |
Request for advance payment for additional transcripts |
| 26 | | 03/20/2007 | |
Additional Transcripts ordered by Mr. Santos |
| 27 | | 03/21/2007 | |
Additional Transcripts ordered by Mr. Santos are due. Granted: 04/03/2007 |
| 28 | | 03/21/2007 | |
ACTION BY CHIEF JUSTICE (MAT) (due date for ATB set for 20 days after final transcripts are filed). Granted: 04/16/2007 |
| 29 | | 03/27/2007 | |
TRANSCRIPTS DATED June 7, 2005; February 23, 2006, & April 17, 2006 (3 vols.) |
| 30 | | 03/27/2007 | |
DISK - TRA (6/7/05;2/23/06, & 4/17/06) (e-mailed) |
| 31 | | 03/28/2007 | |
Certificate of Service & Affidavit of Service by Mail of Transcripts dated 6/7/05,2/23/06,&4/17/06 |
| 32 | | 03/28/2007 | |
Clerk's Supplemental Certificate of Record dated March 26, 2007 (Entry Nos. 200-202) |
| 33 | | 05/14/2007 | |
S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 05/25/2007 |
| 34 | | 05/29/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 35 | | 05/29/2007 | |
E-FILED MOTION (MAT) |
| 36 | | 05/29/2007 | |
ACTION BY CHIEF JUSTICE (MAT). Granted: 05/30/2007 |
| 37 | | 05/30/2007 | |
APPELLANT BRIEF |
| 38 | | 05/30/2007 | |
E-FILED BRIEF - ATB |
| 39 | | 05/30/2007 | |
APPELLANT APPENDIX |
| 40 | | 05/30/2007 | |
E-FILED APPENDIX - ATA |
| 41 | | 05/31/2007 | |
Received $25 surcharge for ATB (Receipt 17552) |
| 42 | | 05/29/2007 | |
NO ACTION TAKEN (MSN) |
| 43 | | 06/06/2007 | |
Received 7 copies of ATB from Central Duplicating |
| 44 | | 06/06/2007 | |
Received 6 copies of ATA from Central Duplicating. |
| 45 | | 07/06/2007 | |
APPELLEE BRIEF |
| 46 | | 07/06/2007 | |
E-FILED BRIEF (AEB) |
| 47 | | 07/06/2007 | |
APPELLEE APPENDIX (2 volumes) |
| 48 | | 07/09/2007 | |
Received efiling surcharge for AEB; receipt no. 17614 |
| 49 | | 07/11/2007 | |
Received 7 copies of AEB from Central Duplicating. |
| 50 | | 07/16/2007 | |
MOT. EXT/TIME REPLY BRIEF (efiled) |
| 51 | | 07/16/2007 | |
E-FILED MOTION (extension for reply brief) |
| 52 | | 07/16/2007 | |
ACTION BY CLERK. Granted: 08/22/2007 |
| 53 | | 07/23/2007 | |
AFFIDAVIT OF SERVICE BY MAIL (AEB & AEA-2 VOL.) |
| 54 | | 08/20/2007 | |
MOTION to Strike Brief and Appendix of Appellee. RspDue: 09/05/2007 |
| 55 | | 08/20/2007 | |
E-FILED MOTION to Strike Brief and Appendix of Appellee |
| 56 | | 08/28/2007 | |
Response to Motion to Strike Brief & Appendix (e-filed) |
| 57 | | 08/28/2007 | |
E-FILED RESPONSE TO MOTION TO STRIKE BRIEF AND APPENDIX |
| 58 | | 09/19/2007 | |
ACTION BY SUPREME COURT (Motion to Strike Brief and Appendix of Appellee). Denied |
| 59 | | 10/22/2007 | |
Appellant's Motion for Reconsideration to Allow Appellant to Reply to Brief of Intercept |
| 60 | | 10/22/2007 | |
E-FILED MOTION for Reconsideration |
| 61 | | 10/23/2007 | |
APPEARANCES: Edgar G. Santos-Hill; Brad A. Sinclair |
| 62 | | 10/23/2007 | |
ARGUED: Santos-Hill; Sinclair |
| 63 | | 10/23/2007 | |
ORAL ARGUMENT WEBCAST |
| 64 | | 10/24/2007 | |
ACTION BY SUPREME COURT (Motion for Reconsideration). Denied |
| 65 | | 11/01/2007 | |
Letter from Brad Sinclair dated 10/31/07 correcting citation in Appellee's Brief w/attachs |
| 66 | | 11/14/2007 | |
DISPOSITION: AFFIRMED |
| 67 | | 11/14/2007 | |
SPLIT OPINION: Sandstrom, Dale V. |
| 68 | | 11/14/2007 | |
(SPECIALLY CONCURRING): Crothers, Daniel John: CONCUR |
| 69 | | 11/14/2007 | |
Costs on Appeal taxed in favor of Appellee |
| 70 | | 11/15/2007 | |
Judgment E-Mailed to Parties |
| 71 | | 12/07/2007 | |
MANDATE |
| 72 | | 12/13/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |