Overboe v. Brodshaug
David A. Overboe, Plaintiff and Appellant
Susanne Brodshaug, Defendant and Appellee
East Central Judicial District,
Judge Cynthia Rothe-Seeger
|Nature of Action:||Contracts|
|Term:||01/2008  Argument: 01/04/2008|
|ND cite:||2008 ND 112|
751 N.W.2d 177
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Whether the Order by the Honorable John C. Irby dated December 1, 2006, vacating the Judgment entered against Brodshaug, March 4, 2004, and the case reopened for adjudication was an abuse of discretion.
II. Whether the Court, the Honorable Cynthia Rothe-Seeger abused it's discretion by failing to dismiss Brodshaug's negligence and malpractice claim against Overboe because the time limit for making such claims had expired.
III. Whether the Court abused it's discretion in permitting Attorney Fraase to testify as an expert witness.
IV. Whether the Court made Findings that are clearly erroneous.
V. Whether the court erred in concluding that the manner in which service charges were applied was usurious.
Appellee's Statement of the Issues:
Granting defendant's Rule 60(b) motion was not an abuse of discretion.
The decision to allow expert witness, Mark Fraase, to testify was not an abuse of discretion.
The trial courts findings of fact are not clearly erroneous.
The interest charged by Mr. Overboe is usurious under N.D.C.C. 47-14-09 and N.D.C.C. 47-14-10.
Ms. Brodshaug never asserted a claim or counterclaim for negligence or malpractice.
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|1||09/04/2007 NOTICE OF APPEAL: 08/31/2007|
|2||09/04/2007 ORDER FOR TRANSCRIPT: 08/31/2007|
|3||09/10/2007 Transcript dated November 30, 2006|
|4||09/11/2007 DISK-TRA (11/30/07)|
|5||09/11/2007 certificate of service of copies of transcipt|
|6||09/14/2007 RECORD ON APPEAL w/Separate (Entry No. 20). Not included were CR Tapes (Entry Nos. 12, 28, & 85).|
|7||09/28/2007 TRANSCRIPT DATED June 4, 2007|
|8||09/28/2007 DISK-TRA (6/4/07) electronic|
|9||10/01/2007 certificate of service of copies of transcripts|
|10||11/06/2008 Clerk's Supplemental Certificate of Record on Appeal dated November 5, 2007 (88-90 attach)|
|11||11/07/2007 APPELLANT BRIEF (e-filed)|
|12||11/07/2007 E-FILED BRIEF (ATB)|
|13||11/08/2007 APPELLANT APPENDIX|
|14||11/08/2007 E-FILED APPENDIX (ATA - AX1)|
|15||11/08/2007 Copies of e-mail regarding transposed pages in Appellant Appendix.|
|16||11/09/2007 Received $25 surcharge for ATB (Receipt #17906)|
|17||11/19/2007 Received 7 copies of ATB from Central Duplicating Services|
|18||12/07/2007 APPELLEE BRIEF (E-filed) (PDF)|
|19||12/07/2007 E-FILED BRIEF (AEB) (PDF)|
|20||12/10/2007 Received $25 surcharge for AEB (Receipt #17946)|
|21||12/13/2007 Received 7 copies of AEB from Central Duplicating|
|22||12/19/2007 Supplemental Clerk's Certificate dated 12-18-07 (Entry Nos. 94 & 95)|
|23||12/27/2007 Supplemental Clerk's Certificate dated 12-26-07 (Entry Nos. 91, 92, 93, & 97) (Not rec'd #96--Clerk|
|24||12/27/2008 of District Court's Notice of Filing)|
|25||01/04/2008 APPEARANCES: David A. Overboe; Christopher M. McShane|
|26||01/04/2008 ARGUED: Overboe; McShane|
|27||01/04/2008 ORAL ARGUMENT WEBCAST|
|28||06/05/2008 DISPOSITION: AFFIRMED|
|29||06/05/2008 UNANIMOUS OPINION: Crothers, Daniel John|
|30||06/05/2008 Costs on appeal taxed in favor of appellee|
|31||06/06/2008 Judgment e-mailed to Parties|
|33||07/02/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|