Investors Title Insurance Co. v. Herzig
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| 20100108 |
Investors Title
Insurance Company, Plaintiff
v.
David F. Herzig, Southeastern
Shelter Corporation, and
Sheldon Smith, Personal
Representative of the Estate
of Alphild Herzig, substituted
for Alphild Herzig, Deceased, Defendants
-----
On Appeal
Southeastern Shelter
Corporation, Plaintiff and Appellant
v.
David F. Herzig; and Sheldon
Smith, in his capacity as
Personal Representative of
the Estate of Alphild Herzig,
substituted for Alphild
Herzig, Deceased, Defendants and Appellees
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge David W. Nelson |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
10/2010 Argument: 10/05/2010 09:30am
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| ND cite: |
2011 ND 7
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| NW cite: |
793 N.W.2d 371
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
A 1) Did the lower court act in excess of its powers when it failed to follow the procedural guidelines to make the ruling that it made?
A2) Was the lower court divested of Jurisdiction by the prior appeals and did the appeals toll the running of
the judgment?
B) Did David Herzig incorrectly urge application of North Carolina law on his Motion to Purge the Judgement, and did David Herzig consent to his mother being part of the action which extends the judgments life?
C) Does Sheldon Smith have standing to join in on the motion to purge the judgment?
Appellee's Statement of the Issues:
[1] The issues on appeal are:
1. Whether the district court acted within its authority when it declared the judgment unenforceable?
2. Whether the district court had jurisdiction to decide the enforceability of the judgment despite the appeals that were pending before this Court in this action at the time of the district court's decision?
3. Whether the pending appeals tolled the running of the period of enforceability of the judgment?
4. Whether the district court erred in declaring the judgment unenforceable?
5. Whether the joining of Alphild Herzig as a party defendant to this action extended the period of enforceability of the judgment?
6. Whether Sheldon Smith, as a named defendant in the action, had standing to support David Herzig's motion to purge the judgment?
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| 1 | | 04/06/2010 | |
NOTICE OF APPEAL: 04/05/2010 |
| 2 | | 04/06/2010 | |
ORDER FOR TRANSCRIPT: 04/05/2010 |
| 3 | | 04/26/2010 | |
TRANSCRIPT DATED February 19, 2010 & C.O.S. |
| 4 | | 04/26/2010 | |
DISK - TRA (e-mailed) |
| 5 | | 05/10/2010 | |
APPELLANT BRIEF |
| 6 | | 05/10/2010 | |
APPELLANT APPENDIX |
| 7 | | 05/17/2010 | |
Corrected pages iii, iv, & 34 for ATB |
| 8 | | 05/17/2010 | |
DISK - atb |
| 9 | | 06/14/2010 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 10 | | 06/14/2010 | |
ACTION BY SUPREME COURT (Motion to extend Appellee's Brief). Granted: 06/28/2010 |
| 11 | | 06/28/2010 | |
MOT. EXT/TIME APPELLEE BRIEF (e-filed) |
| 12 | | 06/28/2010 | |
E-FILED MOTION (MAE) |
| 13 | | 06/28/2010 | |
ACTION BY CLERK (MAE). Granted: 07/06/2010 |
| 14 | | 07/06/2010 | |
MOT. EXT/TIME APPELLEE BRIEF (e-filed) |
| 15 | | 07/06/2010 | |
E-FILED MOTION (MAE) |
| 16 | | 07/07/2010 | |
ACTION BY CHIEF JUSTICE (MAE). Granted: 07/20/2010 |
| 17 | | 07/20/2010 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 18 | | 07/20/2010 | |
E-FILED MOTION |
| 19 | | 07/21/2010 | |
ACTION BY CHIEF JUSTICE. Granted: 07/21/2010 |
| 20 | | 07/21/2010 | |
APPELLEE JOINT BRIEF (e-filed) |
| 21 | | 07/21/2010 | |
E-FILED BRIEF (AEB) |
| 22 | | 07/28/2010 | |
Received $25 surcharge for AEB (Receipt #19739) |
| 23 | | 07/29/2010 | |
Received 7 copies of AEB from CSD |
| 24 | | 08/05/2010 | |
REPLY BRIEF |
| 25 | | 09/20/2010 | |
NOTICE OF ORAL ARGUMENT SENT |
| 26 | | 09/21/2010 | |
RECORD ON APPEAL & Supplementals (4): in Supreme Court No. 20090213 |
| 27 | | 10/05/2010 | |
APPEARANCES: Robert S. Rau, Arnold V. Fleck, Daniel Oster |
| 28 | | 10/05/2010 | |
ARGUED: Robert S. Rau, Arnold V. Fleck |
| 29 | | 10/05/2010 | |
ORAL ARGUMENT WEBCAST |
| 30 | | 09/24/2010 | |
Supplemental Clerk's Certificate dated 9-24-10 (Entry Nos. 260-272) (Also in 20090213) |
| 31 | | 01/12/2011 | |
DISPOSITION: AFFIRMED |
| 32 | | 01/12/2011 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 33 | | 01/12/2011 | |
COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE. |
| 34 | | 12/13/2010 | |
Judgment E-mailed and mailed to Parties |
| 35 | | 01/26/2011 | |
Mot. Ext/Time Petition for Rehearing (Letter from Robert S. Rau dated 1-25-11) |
| 36 | | 01/26/2011 | |
ACTION BY CLERK (MPR). Granted: 02/11/2011 |
| 37 | | 02/11/2011 | |
Letter dated 2/10/11 from Mr. Rau indicating no petition for rehearing will be filed. |
| 38 | | 02/28/2011 | |
MANDATE |
| 39 | | 03/11/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |