Shull v. Walcker
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| 20090021 |
Marlan Shull, Plaintiff and Appellee
v.
Clint Walcker, Defendant and Appellant
and
Noreen Walcker, Defendant
|
| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Karen Kosanda Braaten |
|
Nature of Action: |
Constitutional Law
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| Counsel: |
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| Term: |
06/2009 Argument: 06/02/2009 01:30pm
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| ND cite: |
2009 ND 142
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| NW cite: |
770 N.W.2d 274
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
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?
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| 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 |
| 28 | | 09/01/2009 | |
MANDATE |
| 29 | | 09/08/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |