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 10:45am|
|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)|
|8||08/14/2008||Received $25 surcharge for ATB (Receipt No. 18212)|
|9||08/18/2008||Received copies of ATB from Central Duplicating|
|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|