Overboe v. Brodshaug

20070263 David A. Overboe, Plaintiff and Appellant
v.
Susanne Brodshaug, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Cynthia Rothe-Seeger
Nature of Action: Contracts
Counsel:
Appellant: Pro se
Appellee: Ohnstad Twichell, P.C.
Term: 01/2008   Argument: 01/04/2008  11:00am
ND cite: 2008 ND 112
NW cite: 751 N.W.2d 177

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Issues: 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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Docket entries:
109/04/2007 NOTICE OF APPEAL: 08/31/2007
209/04/2007 ORDER FOR TRANSCRIPT: 08/31/2007
309/10/2007 Transcript dated November 30, 2006
409/11/2007 DISK-TRA (11/30/07)
509/11/2007 certificate of service of copies of transcipt
609/14/2007 RECORD ON APPEAL w/Separate (Entry No. 20). Not included were CR Tapes (Entry Nos. 12, 28, & 85).
709/28/2007 TRANSCRIPT DATED June 4, 2007
809/28/2007 DISK-TRA (6/4/07) electronic
910/01/2007 certificate of service of copies of transcripts
1011/06/2008 Clerk's Supplemental Certificate of Record on Appeal dated November 5, 2007 (88-90 attach)
1111/07/2007 APPELLANT BRIEF (e-filed)
1211/07/2007 E-FILED BRIEF (ATB)
1311/08/2007 APPELLANT APPENDIX
1411/08/2007 E-FILED APPENDIX (ATA - AX1)
1511/08/2007 Copies of e-mail regarding transposed pages in Appellant Appendix.
1611/09/2007 Received $25 surcharge for ATB (Receipt #17906)
1711/19/2007 Received 7 copies of ATB from Central Duplicating Services
1812/07/2007 APPELLEE BRIEF (E-filed) (PDF)
1912/07/2007 E-FILED BRIEF (AEB) (PDF)
2012/10/2007 Received $25 surcharge for AEB (Receipt #17946)
2112/13/2007 Received 7 copies of AEB from Central Duplicating
2212/19/2007 Supplemental Clerk's Certificate dated 12-18-07 (Entry Nos. 94 & 95)
2312/27/2007 Supplemental Clerk's Certificate dated 12-26-07 (Entry Nos. 91, 92, 93, & 97) (Not rec'd #96--Clerk
2412/27/2008 of District Court's Notice of Filing)
2501/04/2008 APPEARANCES: David A. Overboe; Christopher M. McShane
2601/04/2008 ARGUED: Overboe; McShane
2701/04/2008 ORAL ARGUMENT WEBCAST
2806/05/2008 DISPOSITION: AFFIRMED
2906/05/2008 UNANIMOUS OPINION: Crothers, Daniel John
3006/05/2008 Costs on appeal taxed in favor of appellee
3106/06/2008 Judgment e-mailed to Parties
3206/30/2008 MANDATE
3307/02/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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