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 11:00am|
|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|
|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)|
|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|
|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|