Sandvick v. LaCrosse
Monte Sandvick and Joedy Bragg, Plaintiffs and Appellants
William R. LaCrosse; Frank B.
Haughton, Jr.; Empire Oil Company;
Nisku Royalty, L.P.; FH Petroleum
Corporation; and Tammy LaCrosse, Defendants and Appellees
Southwest Judicial District,
Golden Valley County
Judge Allan L. Schmalenberger
|Nature of Action:||Oil, Gas and Minerals|
|Term:||01/2008  Argument: 01/07/2008|
|ND cite:||2008 ND 77|
747 N.W.2d 519
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Did the district court err in concluding the parties were not partners?
2. Did the district court err in concluding appellees did not breach their duties as joint venturers?
Appellee's Statement of the Issues:
I. Whether the Trial Court Correctly Decided that No Partnership Existed Among the Parties Because Their Activity Did Not Involve a Series of Acts Directed Toward an End.
A. Whether the trial court applied a correct statement of law when it applied the law that the business relationship necessary for a partnership requires a series of acts directed toward an end.
B. Whether the trial court's factual finding that the parties' activity in investing in the initial Horn Leases was limited to that occurrence is supported by the evidence.
II. Whether the Trial Court Correctly Decided that the Defendants Did Not Breach Fiduciary Duties in Obtaining the Horn Top Leases Because that Activity Was Outside the Scope of the Assumed Joint Venture.
A. Whether the trial court applied a correct statement of law when it applied the law that the fiduciary duties of a joint venture are limited to the scope of the joint venture.
B. Whether the trial court's factual finding that the scope of the assumed joint venture was limited to selling the initial Horn Leases during their term is supported by the evidence.
|Add Docket 20070146 RSS|
|1||05/25/2007 NOTICE OF APPEAL: 05/24/2007|
|2||05/25/2007 ORDER FOR TRANSCRIPT: 05/24/2007|
|3||05/25/2007 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|4||06/14/2007 RETENTION OF RECORD ON APPEAL: 07/13/2007|
|5||07/16/2007 MOT. EXT/TIME TRANSCRIPT|
|6||07/16/2007 ACTION BY TRIAL COURT (MTR). Granted: 08/22/2007|
|7||08/22/2007 TRANSCRIPT DATED November 27-30, 2006 - Vols. 1 & 2|
|8||08/23/2007 DISK of tra dtd Nov. 27-30, 2006|
|9||08/27/2007 RECORD ON APPEAL (7 volumes) w/Separates (Entry Nos. 46-70, 83-85, 139-222, 224-250, 253-264,|
|10||08/27/2007 266-269, 278-282, & 290-296).Not rec'd were withdrawn exhibits (Entry Nos. 223, 251,252, & 271-277)|
|11||08/27/2007 Not rec'd with ROA was Mineral Interest Map (Entry No. 265) & Bank Sight Drafts (Entry No. 270).|
|12||09/10/2007 Letter from Michael T. Andrews dated September 7, 2007, that the plaintiffs will likely stipulate|
|13||09/10/2007 to the amount of costs under N.D.R.Civ.P. 54 and no appeal will be taken relating to issue of costs|
|14||09/26/2007 MOT. EXT/TIME APPELLANT BRIEF|
|15||09/27/2007 ACTION BY CLERK (MAT). Granted: 10/22/2007|
|16||10/22/2007 APPELLANT BRIEF|
|17||10/22/2007 APPELLANT APPENDIX|
|18||10/22/2007 DISK - ATB (e-mailed)|
|19||11/14/2007 MOT. EXT/TIME APPELLEE BRIEF|
|20||11/14/2007 ACTION BY CLERK (MAE). Granted: 12/10/2007|
|21||12/10/2007 APPELLEE BRIEF of William R. LaCrosse and Frank B. Haughton, Jr.|
|22||12/10/2007 APPELLEE APPENDIX|
|23||12/10/2007 DISK of AEB|
|24||12/20/2007 MOT. EXT/TIME REPLY BRIEF (faxed)|
|25||12/20/2007 E-FILED MOTION (MRY) (Faxed)|
|26||12/20/2007 ACTION BY CLERK (MRY). Granted: 12/31/2007|
|27||12/26/2007 SITTING WITH THE COURT: Bohlman, Bruce E.|
|28||12/26/2007 REPLY BRIEF|
|29||12/26/2007 DISK - RYB|
|30||01/07/2008 APPEARANCES: H. Patrick Weir, Michael T. Andrews; Patrick W. Durick (accompanying Mr. Durick was|
|31||01/07/2008 his paralegal Sue Cahill)|
|32||01/07/2008 ARGUED: Weir; Durick|
|33||01/07/2008 ORAL ARGUMENT WEBCAST|
|34||04/18/2008 DISPOSITION: REVERSED AND REMANDED|
|35||04/18/2008 SPLIT OPINION: Sandstrom, Dale V.|
|36||04/18/2008 (CONCURRING IN PART AND DISSENTING IN PART): Crothers, Daniel John: CON/DIS|
|37||04/18/2008 Costs on appeal taxed in favor of appellant|
|38||04/18/2008 Judgment e-mailed to Parties|
|39||05/02/2008 PETITION FOR REHEARING of Appellees|
|40||05/02/2008 Addendum to Petition for Rehearing of Appellees|
|41||05/02/2008 DISK - PER (CD-ROM)|
|42||05/05/2008 Corrected pages i and iv for addendum of PER|
|43||05/22/2008 ACTION BY SUPREME COURT (Pet/Rehearing). Denied|
|45||06/17/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|46||07/01/2008 Corrected Opinion Page 4|