Lucas v. Porter
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| 20070169 |
A. William Lucas, Plaintiff and Appellant
v.
James E. Porter, Shelly Porter,
Leonard W. Becker, First State
Bank of Wilton, First Wilton
Bancshares, LTD., Defendants and Appellees
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge David W. Nelson |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
04/2008 Argument: 04/23/2008 1:30pm
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| ND cite: |
2008 ND 160
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| NW cite: |
755 N.W.2d 88
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Whether the trial court erred in granting Defendant's Motion for an order striking Plaintiff's complaint and dismissing action with prejudice based upon the improper splitting of a cause of action.
Appellee's Statement of the Issues:
Whether the trial court erred in finding that Civil No. 06-C-2026 was an improper splitting of an action in contravention of Farmers Ins. Exchange v. Arlt, 61 N.W.2d 429 (N.D. 1953), and thereby dismissed the action.
Appellee's Statement of the Issues:
Whether the trial court erred in finding that Civil No. 06-C-2026 was an improper splitting of an action in contravention of Farmers Ins. Exchange v. Ant, 61 N.W.2d 429 (N.D. 1953), and thereby dismissed the action.
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| 1 | | 06/14/2007 | |
NOTICE OF APPEAL: 06/12/2007 |
| 2 | | 07/05/2007 | |
MOTION TO DISMISS APPEAL AND BRIEF IN SUPPORT or in the alternative, to remand. RspDue: 07/16/2007 |
| 3 | | 07/05/2007 | |
E-FILED MOTION (Mot/Dismiss or remand) |
| 4 | | 07/16/2007 | |
Response Filed (Motion to Dismiss or remand) |
| 5 | | 07/16/2007 | |
ACTION BY CHIEF JUSTICE (Motion to dismiss denied; motion for remand granted). Denied |
| 6 | | 07/16/2007 | |
ORDER OF REMAND |
| 7 | | 07/18/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 8 | | 10/16/2007 | |
Reset time for filing atb after remand |
| 9 | | 10/17/2007 | |
ACTION BY CLERK (resetting time for filing atb after remand). Granted: 11/26/2007 |
| 10 | | 10/18/2007 | |
RECORD ON APPEAL |
| 11 | | 11/16/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 12 | | 11/16/2007 | |
ACTION BY CLERK - MAT (w/understanding no further ext.). Granted: 12/26/2007 |
| 13 | | 12/21/2007 | |
MOTION TO REMAND TO DISTRICT COURT & BRIEF IN SUPPORT. RspDue: 01/04/2008 |
| 14 | | 12/21/2007 | |
MOT. EXT/TIME APPELLANT BRIEF & AFFIDAVIT IN SUPPORT |
| 15 | | 01/04/2008 | |
Response of Porter, First State Bank of Wilton & First Wilton Bancshares to Motion to Remand |
| 16 | | 01/04/2008 | |
Response of Becker to Motion to Remand |
| 17 | | 01/04/2008 | |
EFILED RESPONSE (Becker Response) |
| 18 | | 01/08/2008 | |
Lucas's Response to Appellees' Response to Appellant's Motion to Remand |
| 19 | | 01/16/2008 | |
ACTION BY SUPREME COURT (Mot. to Remand). Denied |
| 20 | | 01/16/2008 | |
ACTION BY CLERK (MAT). Granted: 01/31/2008 |
| 21 | | 01/31/2008 | |
APPELLANT BRIEF |
| 22 | | 01/31/2008 | |
APPELLANT APPENDIX |
| 23 | | 01/31/2008 | |
DISK of ATB |
| 24 | | 02/29/2008 | |
APPELLEE BRIEF - Porter, et al. (electronic) PDF |
| 25 | | 02/29/2008 | |
E-FILED BRIEF (AEB) PDF |
| 26 | | 02/29/2008 | |
APPELLEE APPENDIX (electronic) PDF |
| 27 | | 02/29/2008 | |
E-FILED APPENDIX (AEA) PDF |
| 28 | | 03/03/2008 | |
Received $25 surcharge for AEB (Receipt #18040) |
| 29 | | 03/03/2008 | |
MOT. EXT/TIME APPELLEE BRIEF (E-FILED) PDF |
| 30 | | 03/03/2008 | |
E-FILED MOTION (MAE - L. Becker) PDF |
| 31 | | 03/04/2008 | |
ACTION BY CLERK (MAE - L. Becker). Granted: 03/17/2008 |
| 32 | | 03/06/2008 | |
7 copies of AEB (Porter, et al.) received from Central Duplicating |
| 33 | | 03/06/2008 | |
6 copies of AEA (Porter, et al.) received from Central Duplicating |
| 34 | | 03/17/2008 | |
APPELLEE BRIEF (Leonard Becker) |
| 35 | | 03/17/2008 | |
E-FILED BRIEF (AEB) |
| 36 | | 03/18/2008 | |
Received $25 surcharge for AEB (receipt #18058) |
| 37 | | 03/20/2008 | |
Received 7 copies of AEB from Central Duplicating |
| 38 | | 03/28/2008 | |
MOT. EXT/TIME REPLY BRIEF & AFFIDAVIT IN SUPPORT |
| 39 | | 03/28/2008 | |
ACTION BY CLERK (RYB). Granted: 04/14/2008 |
| 40 | | 04/14/2008 | |
REPLY BRIEF |
| 41 | | 04/18/2008 | |
Corrected pages ii and 4 for Appellant's Reply Brief |
| 42 | | 04/18/2008 | |
DISK - RYB with corrected pages |
| 43 | | 04/23/2008 | |
APPEARANCES: A. William Lucas; Richard P. Olson; Sheldon A. Smith |
| 44 | | 04/23/2008 | |
ARGUED: Lucas; Olson; Smith |
| 45 | | 04/23/2008 | |
ORAL ARGUMENT WEBCAST |
| 46 | | 08/28/2008 | |
DISPOSITION: AFFIRMED |
| 47 | | 08/28/2008 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 48 | | 08/28/2008 | |
Costs on appeal taxed in favor of appellees |
| 49 | | 08/29/2008 | |
Judgment Mailed to Parties |
| 50 | | 09/11/2008 | |
PETITION FOR REHEARING |
| 51 | | 09/11/2008 | |
E-FILED BRIEF - PER |
| 52 | | 09/23/2008 | |
ACTION BY SUPREME COURT (PER). Denied |
| 53 | | 10/03/2008 | |
MANDATE |
| 54 | | 10/08/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |