Shull v. Walcker
Marlan Shull, Plaintiff and Appellee
Clint Walcker, Defendant and Appellant
Noreen Walcker, Defendant
Northeast Central Judicial District,
Grand Forks County
Judge Karen Kosanda Braaten
|Nature of Action:||Constitutional Law|
|Term:||06/2009  Argument: 06/02/2009|
|ND cite:||2009 ND 142|
770 N.W.2d 274
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Was Walcker provided the due process protections of the North Dakota Rules of Civil Procedure?
a. Did the District Court misapply N.D.R.Civ.P. 55 and N.D.R.Civ.P.54(c) by issuing a judgment in which was not plead, that is contrary to law, and which there insufficient evidence in the record to support?
b. Was Walcker entitled to relief under N.D.R.Civ.P. 52?
c. Was Walcker entitled to relief under N.D.R.Civ.P. 59?
d. Did the District Court abuse its discretion when it denied Walcker's motion, under N.D.R.Civ.P. 60(b)?
e. Did the District Court exceed its authority under N.D.R.Civ.P. 60(a) by altering a substantive fact determination?
2. Did Shull prove there was a binding buy/sell agreement in which Walcker had a duty to perform?
a. Were there unmet conditions precedent to a binding buy/sell agreement?
b. Did Walcker and Shull's contractual relationship terminate by the terms of contract?
c. Did Walcker and Shull abandon the contract?
3. Is the monetary judgment against Walcker inconsistent with the subject contract and North Dakota law?
|Add Docket 20090021 RSS|
|1||01/15/2009 NOTICE OF APPEAL: 01/13/2009|
|2||01/15/2009 ORDER FOR TRANSCRIPT: 01/13/2009|
|3||01/16/2009 ACKNOWLEDGMENT OF OTR AND RETENTION OF RECORD ON APPEAL: 03/04/2009|
|4||02/23/2009 TRANSCRIPTS DATED FEBRUARY 20, 2008, AND AUGUST 14, 2008|
|5||02/23/2009 DISK-TRA (E-MAILED)|
|6||02/24/2009 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS.|
|7||02/24/2009 RECORD ON APPEAL. Not included were Steno Notes (Entry Nos. 21, 31 and 64).|
|8||04/06/2009 APPELLANT BRIEF|
|9||04/06/2009 Addendum for Appellant's Brief|
|10||04/06/2009 APPELLANT APPENDIX|
|11||04/07/2009 DISK of ATB|
|12||05/06/2009 APPELLEE BRIEF (e-filed) PDF|
|13||05/06/2009 E-FILED BRIEF (AEB) PDF|
|14||05/18/2009 Received $25 e-filing surcharge (Receipt #18851).|
|15||05/20/2009 Received 7 copies of AEB from Central Duplicating.|
|16||05/22/2009 REPLY BRIEF|
|17||05/22/2009 DISK - RYB|
|18||06/02/2009 APPEARANCES: David A. Garaas/DeWayne A. Johnston and Jacey L. Johnston|
|19||06/02/2009 ARGUED: Garaas/D. Johnston|
|20||06/02/2009 ORAL ARGUMENT WEBCAST|
|21||07/21/2009 DISPOSITION: AFFIRMED|
|22||07/21/2009 UNANIMOUS OPINION: VandeWalle, Gerald W.|
|23||07/21/2009 Costs on appeal taxed in favor of appellee|
|24||07/22/2009 Judgment e-mailed to Parties|
|25||08/03/2009 PETITION FOR REHEARING|
|26||08/04/2009 DISK - PER (CD-ROM)|
|27||08/18/2009 ACTION BY SUPREME COURT (PER). Denied|
|29||09/08/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|