Investors Title Insurance Co. v. Herzig
Insurance Company, Plaintiff
David F. Herzig, Southeastern
Shelter Corporation, and
Sheldon Smith, Personal
Representative of the Estate
of Alphild Herzig, substituted
for Alphild Herzig, Deceased, Defendants
Corporation, Plaintiff and Appellant
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
North Central Judicial District,
Judge David W. Nelson
|Nature of Action:||Contracts|
|Term:||10/2010  Argument: 10/05/2010|
|ND cite:||2011 ND 7|
793 N.W.2d 371
Listen to recording of oral argument in MP3 format
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:
 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?
|Add Docket 20100108 RSS|
|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.|
|39||03/11/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|