Deacon's Development v. Lamb

20060335 Deacon's Development, LLP,
a North Dakota limited
liability partnership, Plaintiff and Appellee
v.
Timothy C. Lamb and
Elizabeth Fletcher Lamb, Defendants and Appellants
Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Joel D. Medd
Nature of Action: Real Property
Counsel:
Appellant: Pro se
Appellee: Gerard D. Neil, P.C.
Appellant: Pro se
Term: 04/2007   Argument: 04/18/2007  02:45pm
ND cite: 2007 ND 56
NW cite: 734 N.W.2d 342

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Issues: Appellant's Statement of the Issues:
Whether the trial court abused its discretion and misapplied the law in this case by awarding attorney fees and court costs?

Appellee's Statement of the Issues:
1. Whether Appellants were afforded the opportunity to review the Order before it was signed by the Court;
2. Whether, on remand, the District Court erred in awarding attorney fees as they related to Appellants' action for injunctive relief;
3. Whether any of the attorney fees awarded in favor of Appellee were subject to a claim of bankruptcy by Appellants; and
4. Whether the District Court erred in awarding attorney fees associated with defending Appellants' Motion for Rule 60(b) Relief.

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Docket entries:
111/21/2006 NOTICE OF APPEAL: 11/17/2006
211/21/2006 ORDER FOR TRANSCRIPT: 11/17/2006
311/28/2006 RETENTION OF RECORD ON APPEAL: 01/06/2007
412/14/2006 TRANSCRIPT DATED OCTOBER 10, 2006
512/15/2006 DISK - TRA(10-10-06)
612/18/2006 RECORD ON APPEAL, not included were Shorthand Notes (Entry Nos. 12 & 56)
701/18/2007 MOT. EXT/TIME APPELLANT BRIEF
801/18/2007 ACTION BY CLERK (MAT). Granted: 02/06/2007
901/18/2007 Limited Remand for trial court to act on Motion for Release of Bond
1001/18/2007 ACTION BY CLERK (Remand). Granted
1101/18/2007 ORDER OF REMAND
1202/02/2007 APPELLANT BRIEF
1302/02/2007 APPELLANT APPENDIX
1402/08/2007 DISK - atb (e-mailed)
1503/07/2007 APPELLEE BRIEF
1603/07/2007 APPELLEE APPENDIX
1703/12/2007 Clerk's Supplemental Certificate of Record dated March 7, 2007 (Entry Nos. 63-73).
1803/13/2007 Affidavit of Service by mail of AEB/AEA on March 7, 2007
1903/13/2007 DISK - AEB
2003/14/2007 Clerk's Supplemental Certificate of Record dated March 13, 2007 (Entry Nos. 57-62).
2103/16/2007 Ltr of 3-15-07 from Gerard Neil stating AE Appendix pages are mis-numbered, not missing
2203/23/2007 MOTION FOR Release of $10,000 Supersedeas Bond, Brief and Affidavit in Support with attachments. RspDue: 04/03/2007
2304/02/2007 Brief in Opposition to Appellants' Motion for Release of Supersedeas Bond and Addendum
2404/04/2007 ACTION BY SUPREME COURT (MOT/Release of Supersedeas Bond). Denied
2504/09/2007 MOTION FOR Sanctions, Brief in Support, and Affidavit in Support. RspDue: 04/20/2007
2604/18/2007 APPEARANCES: Timothy C. Lamb; Gerard D. Neil
2704/18/2007 ARGUED: Lamb; Neil
2804/18/2007 ORAL ARGUMENT WEBCAST
2904/20/2007 Brief in Opposition to Motion for Sanctions and Addendum
3005/01/2007 DISPOSITION: AFFIRMED BY SUMMARY DISP.
3105/01/2007 UNANIMOUS OPINION: Per Curiam
3205/01/2007 No costs and disbursements are taxed on this appeal
3305/02/2007 ACTION BY SUPREME COURT (Motion for Sanction). Denied
3405/03/2007 Judgment Mailed to Parties
3505/15/2007 Mot. Ext/Time Petition for Rehearing
3605/15/2007 E-FILED MOTION (MPR)
3705/15/2007 ACTION BY CLERK (MPR). Granted: 05/21/2007
3805/21/2007 PETITION FOR REHEARING
3906/07/2007 ACTION BY SUPREME COURT (PER). Denied
4006/19/2007 MANDATE
4106/25/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/01/2008