Citizens State Bank v. Symington
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| 20090216 |
Citizens State Bank - Midwest, Plaintiff and Appellee
v.
Myron Symington, Defendant and Appellant
and
Rodney Lee Symington and
Michael Corey Symington,
as Trustees of the Myron
Symington Irrevocable Trust, Defendants
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| Appeal from: |
District Court,
Northeast Judicial District,
Pembina County
Judge Laurie A. Fontaine |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
12/2009 Argument: 12/03/2009 10:45am
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| ND cite: |
2010 ND 56
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| NW cite: |
780 N.W.2d 676
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. Did the trial court err in applying the parol evidence rule to preclude consideration of any extrinsic evidence?
2. Does the absence of consideration bar recovery under the guaranty of the $165,040 note?
3. Is the Bank entitled to charge a late fee on the entire balance owed on the $75,040 line of credit?
Appellee's Statement of the Issues:
1. The trial court erred in certifying this case for appellate review under Rule 54(b) of the North Dakota Rules of Civil Procedure.
2. The trial court properly refused to consider extrinsic evidence in interpreting the Guaranty because the Guaranty is clear and unambiguous.
3. The affirmative defenses put forth by Myron Symington are not properly before this Court because he failed to raise those defenses in his Answer and the trial court did not grant him leave to amend his Answer to plead those defenses.
4. The trial court properly granted summary judgment in favor of CSB because Myron Symington failed to raise a genuine issue of material fact as to the affirmative defenses he attempted to interpose.
a. Myron Symington freely and voluntarily executed the Guaranty.
b. The Guaranty was supported by adequate consideration.
5. The trial court properly held Citizens State Bank - Midwest is entitled to recover late fees.
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| 1 | | 07/22/2009 | |
NOTICE OF APPEAL: 07/20/2009 |
| 2 | | 08/19/2009 | |
RECORD ON APPEAL |
| 3 | | 08/25/2009 | |
MOT. EXT/TIME APPELLANT BRIEF (e-filed) |
| 4 | | 08/25/2009 | |
E-FILED MOTION (MAT) |
| 5 | | 08/25/2009 | |
ACTION BY CHIEF DEPUTY CLERK (MAT). Granted: 09/04/2009 |
| 6 | | 09/03/2009 | |
MOT. EXT/TIME APPELLANT BRIEF - letter form (e-filed) |
| 7 | | 09/03/2009 | |
E-FILED MOTION (MAT) |
| 8 | | 09/03/2009 | |
ACTION BY CLERK (MAT). Granted: 09/11/2009 |
| 9 | | 09/08/2009 | |
Supplemental Clerk's Certificate dated September 3, 2009 (Entry Nos. 72-77) |
| 10 | | 09/11/2009 | |
APPELLANT BRIEF |
| 11 | | 09/11/2009 | |
APPELLANT APPENDIX |
| 12 | | 09/21/2009 | |
DISK - ATB |
| 13 | | 09/21/2009 | |
Corrected cover pages for ATB & ATA and corrected electronic copy of ATB. |
| 14 | | 10/05/2009 | |
MOT. EXT/TIME APPELLEE BRIEF (e-filed) |
| 15 | | 10/05/2009 | |
E-FILED MOTION (MAE) |
| 16 | | 10/06/2009 | |
ACTION BY CLERK (MAE). Granted: 10/28/2009 |
| 17 | | 10/28/2009 | |
APPELLEE BRIEF (e-filed) |
| 18 | | 10/28/2009 | |
E-FILED BRIEF (AEB) |
| 19 | | 10/28/2009 | |
APPELLEE APPENDIX (e-filed) |
| 20 | | 10/28/2009 | |
E-FILED APPENDIX (AEA) |
| 21 | | 10/29/2009 | |
Received $25.00 surcharge for AEB (Receipt No. 19208) |
| 22 | | 11/05/2009 | |
Received copies of AEB from Central Duplicating |
| 23 | | 11/05/2009 | |
Received copies of AEA from CSD |
| 24 | | 11/16/2009 | |
NOTICE OF ORAL ARGUMENT SENT |
| 25 | | 11/16/2009 | |
REPLY BRIEF |
| 26 | | 11/16/2009 | |
DISK - RYB (e-mailed) |
| 27 | | 12/03/2009 | |
APPEARANCES: Lawrence A. Dopson/Tracy A. Kennedy & Bradley W. Parrish |
| 28 | | 12/03/2009 | |
ARGUED: Dopson/Kennedy |
| 29 | | 12/03/2009 | |
ORAL ARGUMENT WEBCAST |
| 30 | | 04/06/2010 | |
DISPOSITION: REVERSED AND REMANDED |
| 31 | | 04/06/2010 | |
SPLIT OPINION: Kapsner, Carol Ronning |
| 32 | | 04/06/2010 | |
(CONCURRING SPECIALLY): Crothers, Daniel John: CONCUR |
| 33 | | 04/06/2010 | |
(JOINED CONCURRING SPECIALLY): Maring, Mary Muehlen: JN/CON |
| 34 | | 04/06/2010 | |
(DISSENTING): Sandstrom, Dale V.: DISSENT |
| 35 | | 04/06/2010 | |
Costs on appeal taxed in favor of appellant |
| 36 | | 04/07/2010 | |
Judgment Sent to Parties |
| 37 | | 05/13/2010 | |
MANDATE |
| 38 | | 05/18/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 39 | | 05/24/2010 | |
Corrected Opinion Pages (Citation change at Para Nos. 8, 9, 10, 11, 13 & 15). |