Farmers Union Oil Company v. Smetana
Farmers Union Oil Company
of Garrison, d/b/a Cenex, Plaintiff and Appellee
George A. Smetana,
Carolyn J. Smetana, Defendants and Appellants
Lewis Bauer, Constance T.
Scheel, and Constance M.
South Central Judicial District,
Judge Bruce B. Haskell
|Nature of Action:||Real Property|
|Term:||10/2008  Argument: 10/13/2008|
|ND cite:||2009 ND 74|
764 N.W.2d 665
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1.The District Court erred in granting summary judgment against Defendants George Smetana and Carolyn Smetana (Smetanas), in finding, as a matter of law, the Smetanas were not Bona Fide purchasers for value with regard to the disputed parcel of real property.
2.The District Court erred in granting summary judgment against the Smetanas in finding, as a matter of law, that Farmers Union Oil Company of Garrison, d/b/a Cenex (Cenex) was not negligent in determining the location of the relevant boundaries with respect to the disputed parcel of real property.
Appellee's Statement of the Issues:
1. Whether the District Court erred in granting Summary Judgment to Cenex.
2. Whether the District Court erred in finding, as a matter of law, the Smetana's were not bona fide purchasers for value with regard to the disputed parcel of real property.
3. Whether the District Court erred in finding, as a matter of law, Cenex was not negligent in determining the boundaries of the March 1992 deed.
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|1||06/30/2008 NOTICE OF APPEAL: 06/26/2008|
|2||07/31/2008 RECORD ON APPEAL including separate depositions (4)|
|3||08/04/2008 MOT. EXT/TIME APPELLANT BRIEF|
|4||08/04/2008 ACTION BY CLERK. Granted: 08/12/2008|
|5||08/12/2008 APPELLANT BRIEF (e-filed) (PDF)|
|6||08/12/2008 E-FILED BRIEF (ATB) (PDF)|
|7||08/12/2008 APPELLANT APPENDIX|
|8||08/14/2008 Received $25 surcharge for ATB (Receipt No. 18212)|
|9||08/18/2008 Received copies of ATB from Central Duplicating|
|10||09/10/2008 APPELLEE BRIEF|
|11||09/10/2008 DISK- aeb|
|12||09/29/2008 REPLY BRIEF (e-filed) PDF|
|13||09/29/2008 E-FILED BRIEF (RYB) PDF|
|14||10/01/2008 Received copies of Appellant's Reply Brief from Central Duplicating Services|
|15||10/13/2008 APPEARANCES: James G. Wolff; Michael Geiermann|
|16||10/13/2008 ARGUED: Wolff; Geiermann|
|17||10/13/2008 ORAL ARGUMENT WEBCAST|
|18||04/30/2009 DISPOSITION: REVERSED AND REMANDED|
|19||04/30/2009 SPLIT OPINION: Kapsner, Carol Ronning|
|20||04/30/2009 (CONCURRING SPECIALLY): VandeWalle, Gerald W.: CONCUR|
|21||04/30/2009 Costs on appeal taxed in favor of Appellants|
|22||05/04/2009 Judgment E-Mailed & Mailedto Parties|
|24||06/01/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|