Westby v. Schmidt
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| 20090109 |
Randy Westby, Plaintiff and Appellee
v.
Gary J. Schmidt and
Schmidt Construction
of Stanley, Inc., Defendants and Appellants
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| Appeal from: |
District Court,
Northwest Judicial District,
Mountrail County
Judge Gary H. Lee |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
12/2009 Argument: 12/17/2009 01:30pm
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| ND cite: |
2010 ND 44
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| NW cite: |
779 N.W.2d 681
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Did the trial Court err in allowing an expert witness to testify without reference to the standards or practices of the trade or industry?
II. Was the evidence sufficient to support or justify the verdict?
III. Did the Court err in submitting the individual and corporate defendants to the jury?
Appellee's Statement of the Issues:
I.Did the District Court abuse its discretion by permitting the testimony of Bryan Mindt?
II.Was the jury's special verdict perverse or clearly contrary to the evidence?
III.Should Schmidt Construction of Stanley, Inc. have been dismissed even though it accepted the benefits of the contract?
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| 1 | | 03/25/2009 | |
NOTICE OF APPEAL: 03/19/2009 |
| 2 | | 03/25/2009 | |
ORDER FOR TRANSCRIPT: 03/19/2009 |
| 3 | | 04/15/2009 | |
Notice of suspension of preparation of the transcript |
| 4 | | 04/22/2009 | |
Emailed notice from court recorder indicating payment for transcript & resumption of preparation |
| 5 | | 04/23/2009 | |
RETENTION OF RECORD ON APPEAL (by court recorder) |
| 6 | | 05/07/2009 | |
MOT. EXT/TIME TRANSCRIPT |
| 7 | | 05/07/2009 | |
ACTION BY TRIAL COURT - MTR. Granted: 06/10/2009 |
| 8 | | 05/26/2009 | |
RECORD ON APPEAL |
| 9 | | 06/05/2009 | |
TRANSCRIPT (3 Volumes) DATED January 26, 27 & 28 & C.O.S. |
| 10 | | 06/05/2009 | |
DISK - TRA dated 1-26, 27 & 28 2009 |
| 11 | | 07/07/2009 | |
MOT. EXT/TIME APPELLANT BRIEF (e-filed) |
| 12 | | 07/07/2009 | |
E-FILED MOTION (MAT) |
| 13 | | 07/07/2009 | |
ACTION BY CLERK (MAT). Granted: 08/14/2009 |
| 14 | | 08/07/2009 | |
MOT. EXT/TIME APPELLANT BRIEF (FAXED) |
| 15 | | 08/07/2009 | |
E-FILED MOTION (MAT) FAXED |
| 16 | | 08/10/2009 | |
ACTION BY CHIEF JUSTICE (MAT) NO FURTHER EXT. WILL BE GRANTED. Granted: 09/14/2009 |
| 17 | | 09/14/2009 | |
APPELLANT BRIEF |
| 18 | | 09/14/2009 | |
APPELLANT APPENDIX |
| 19 | | 09/16/2009 | |
Rec'd 5 additional cc of ATA |
| 20 | | 09/25/2009 | |
Rec'd corrected TOA & corresponding pages for ATB |
| 21 | | 10/01/2009 | |
DISK-atb (e-mailed) |
| 22 | | 10/16/2009 | |
APPELLEE BRIEF |
| 23 | | 10/21/2009 | |
Corrected TOA and pages 2, 5, 8, 9 & 10 for AEB |
| 24 | | 10/21/2009 | |
DISK - aeb (CD-ROM) |
| 25 | | 11/16/2009 | |
NOTICE OF ORAL ARGUMENT SENT |
| 26 | | 12/17/2009 | |
APPEARANCES: Tom P. Slorby; Brian L. Van Grinsven |
| 27 | | 12/17/2009 | |
ARGUED: Slorby; Van Grinsven |
| 28 | | 12/17/2009 | |
ORAL ARGUMENT WEBCAST |
| 29 | | 03/16/2010 | |
DISPOSITION: AFFIRMED |
| 30 | | 03/16/2010 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 31 | | 03/16/2010 | |
Costs on appeal taxed in favor of Appellee |
| 32 | | 03/17/2010 | |
Judgment Sent to Parties |
| 33 | | 04/19/2010 | |
MANDATE |
| 34 | | 04/21/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |