Sandvick v. LaCrosse

20070146 Monte Sandvick and Joedy Bragg, Plaintiffs and Appellants
v.
William R. LaCrosse; Frank B.
Haughton, Jr.; Empire Oil Company;
Nisku Royalty, L.P.; FH Petroleum
Corporation; and Tammy LaCrosse, Defendants and Appellees

Appeal from: District Court, Southwest Judicial District, Golden Valley County
Judge Allan L. Schmalenberger
Nature of Action: Oil, Gas and Minerals
Counsel:
Appellant: Vogel Law Firm
Appellee: Pearce & Durick
Term: 01/2008   Argument: 01/07/2008  10:45am
ND cite: 2008 ND 77
NW cite: 747 N.W.2d 519

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Issues: 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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Docket entries:
105/25/2007 NOTICE OF APPEAL: 05/24/2007
205/25/2007 ORDER FOR TRANSCRIPT: 05/24/2007
305/25/2007 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
406/14/2007 RETENTION OF RECORD ON APPEAL: 07/13/2007
507/16/2007 MOT. EXT/TIME TRANSCRIPT
607/16/2007 ACTION BY TRIAL COURT (MTR). Granted: 08/22/2007
708/22/2007 TRANSCRIPT DATED November 27-30, 2006 - Vols. 1 & 2
808/23/2007 DISK of tra dtd Nov. 27-30, 2006
908/27/2007 RECORD ON APPEAL (7 volumes) w/Separates (Entry Nos. 46-70, 83-85, 139-222, 224-250, 253-264,
1008/27/2007 266-269, 278-282, & 290-296).Not rec'd were withdrawn exhibits (Entry Nos. 223, 251,252, & 271-277)
1108/27/2007 Not rec'd with ROA was Mineral Interest Map (Entry No. 265) & Bank Sight Drafts (Entry No. 270).
1209/10/2007 Letter from Michael T. Andrews dated September 7, 2007, that the plaintiffs will likely stipulate
1309/10/2007 to the amount of costs under N.D.R.Civ.P. 54 and no appeal will be taken relating to issue of costs
1409/26/2007 MOT. EXT/TIME APPELLANT BRIEF
1509/27/2007 ACTION BY CLERK (MAT). Granted: 10/22/2007
1610/22/2007 APPELLANT BRIEF
1710/22/2007 APPELLANT APPENDIX
1810/22/2007 DISK - ATB (e-mailed)
1911/14/2007 MOT. EXT/TIME APPELLEE BRIEF
2011/14/2007 ACTION BY CLERK (MAE). Granted: 12/10/2007
2112/10/2007 APPELLEE BRIEF of William R. LaCrosse and Frank B. Haughton, Jr.
2212/10/2007 APPELLEE APPENDIX
2312/10/2007 DISK of AEB
2412/20/2007 MOT. EXT/TIME REPLY BRIEF (faxed)
2512/20/2007 E-FILED MOTION (MRY) (Faxed)
2612/20/2007 ACTION BY CLERK (MRY). Granted: 12/31/2007
2712/26/2007 SITTING WITH THE COURT: Bohlman, Bruce E.
2812/26/2007 REPLY BRIEF
2912/26/2007 DISK - RYB
3001/07/2008 APPEARANCES: H. Patrick Weir, Michael T. Andrews; Patrick W. Durick (accompanying Mr. Durick was
3101/07/2008 his paralegal Sue Cahill)
3201/07/2008 ARGUED: Weir; Durick
3301/07/2008 ORAL ARGUMENT WEBCAST
3404/18/2008 DISPOSITION: REVERSED AND REMANDED
3504/18/2008 SPLIT OPINION: Sandstrom, Dale V.
3604/18/2008 (CONCURRING IN PART AND DISSENTING IN PART): Crothers, Daniel John: CON/DIS
3704/18/2008 Costs on appeal taxed in favor of appellant
3804/18/2008 Judgment e-mailed to Parties
3905/02/2008 PETITION FOR REHEARING of Appellees
4005/02/2008 Addendum to Petition for Rehearing of Appellees
4105/02/2008 DISK - PER (CD-ROM)
4205/05/2008 Corrected pages i and iv for addendum of PER
4305/22/2008 ACTION BY SUPREME COURT (Pet/Rehearing). Denied
4406/04/2008 MANDATE
4506/17/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4607/01/2008 Corrected Opinion Page 4

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