Shull v. Walcker

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
Counsel:
Appellant: David Alan Garaas
Appellee: DeWayne Alan Johnston
Term: 06/2009   Argument: 06/02/2009  1:30pm
ND cite: 2009 ND 142
NW cite: 770 N.W.2d 274

Listen to recording of oral argument in MP3 format

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?


Add Docket 20090021 RSS Add Docket 20090021 RSS

Docket entries:
101/15/2009 NOTICE OF APPEAL: 01/13/2009
201/15/2009 ORDER FOR TRANSCRIPT: 01/13/2009
301/16/2009 ACKNOWLEDGMENT OF OTR AND RETENTION OF RECORD ON APPEAL: 03/04/2009
402/23/2009 TRANSCRIPTS DATED FEBRUARY 20, 2008, AND AUGUST 14, 2008
502/23/2009 DISK-TRA (E-MAILED)
602/24/2009 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS.
702/24/2009 RECORD ON APPEAL. Not included were Steno Notes (Entry Nos. 21, 31 and 64).
804/06/2009 APPELLANT BRIEF
904/06/2009 Addendum for Appellant's Brief
1004/06/2009 APPELLANT APPENDIX
1104/07/2009 DISK of ATB
1205/06/2009 APPELLEE BRIEF (e-filed) PDF
1305/06/2009 E-FILED BRIEF (AEB) PDF
1405/18/2009 Received $25 e-filing surcharge (Receipt #18851).
1505/20/2009 Received 7 copies of AEB from Central Duplicating.
1605/22/2009 REPLY BRIEF
1705/22/2009 DISK - RYB
1806/02/2009 APPEARANCES: David A. Garaas/DeWayne A. Johnston and Jacey L. Johnston
1906/02/2009 ARGUED: Garaas/D. Johnston
2006/02/2009 ORAL ARGUMENT WEBCAST
2107/21/2009 DISPOSITION: AFFIRMED
2207/21/2009 UNANIMOUS OPINION: VandeWalle, Gerald W.
2307/21/2009 Costs on appeal taxed in favor of appellee
2407/22/2009 Judgment e-mailed to Parties
2508/03/2009 PETITION FOR REHEARING
2608/04/2009 DISK - PER (CD-ROM)
2708/18/2009 ACTION BY SUPREME COURT (PER). Denied
2809/01/2009 MANDATE
2909/08/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/30/2014