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 10:45am|
|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.
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|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|
|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.|
|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.|
|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|