Kost v. Kraft
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| 20100159 |
Jim Kost, Plaintiff and Appellee
v.
Allen M. Kraft, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Gail Hagerty |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
01/2011 Argument: 01/04/2011 10:00am
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| ND cite: |
2011 ND 69
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| NW cite: |
795 N.W.2d 712
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
ISSUE I : Whether the district court erred in granting summary judgment as to Kraft's counterclaims for leased harvesting equipment, when it made findings of fact to conclude that the part performance exception to the statute of frauds did not
apply?
ISSUE II : Whether the district court erred in granting summary judgment as to Kraft's counterclaims, when it concluded the counterclaims did not appear to be properly disclosed during bankruptcy proceedings?
Appellee's Statement of the Issues:
ISSUE 1: Whether the district court erred in granting summary judgment as to Kraft's counterclaims for leased harvesting equipment when it concluded that the part performance exception to the statute of frauds did not apply
ISSUE 2: Whether the district court erred in granting summary judgment as to Kraft's counterclaims when it concluded that Kraft's counterclaims did not appear to be properly disclosed during bankruptcy proceedings
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| 1 | | 06/02/2010 | |
NOTICE OF APPEAL: 05/28/2010 |
| 2 | | 06/02/2010 | |
ORDER FOR TRANSCRIPT: 05/28/2010 |
| 3 | | 06/04/2010 | |
Acknowledgment of OTR and request for Retention of Record: 07/17/2010 |
| 4 | | 07/13/2010 | |
TRANSCRIPTS DATED 9-8-09, 12-14-09, 02-05-10, 02-18-10 & C.O.S. |
| 5 | | 07/13/2010 | |
DISK (TRA's) e-mailed |
| 6 | | 07/16/2010 | |
RECORD ON APPEAL and Separates nos. 85,86,87,&90 |
| 7 | | 08/19/2010 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 8 | | 08/19/2010 | |
ACTION BY CLERK. Granted: 09/21/2010 |
| 9 | | 09/17/2010 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 10 | | 09/17/2010 | |
E-FILED MOTION |
| 11 | | 09/17/2010 | |
Objection to Extension |
| 12 | | 09/17/2010 | |
EFILED RESPONSE |
| 13 | | 09/17/2010 | |
ACTION BY CHIEF JUSTICE (Maring, Acting Chief). Granted: 09/27/2010 |
| 14 | | 09/17/2010 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 15 | | 09/27/2010 | |
APPELLANT BRIEF (e-filed) |
| 16 | | 09/27/2010 | |
E-FILED BRIEF (ATB) |
| 17 | | 09/27/2010 | |
APPELLANT APPENDIX (e-filed) |
| 18 | | 09/27/2010 | |
E-FILED APPENDIX (ATA) |
| 19 | | 09/28/2010 | |
Received $25 surcharge for ATB (Receipt #19984) |
| 20 | | 09/30/2010 | |
Received 7 copies of ATB from CSD |
| 21 | | 09/30/2010 | |
Received 6 copies of ATA from CSD |
| 22 | | 10/25/2010 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 23 | | 10/25/2010 | |
ACTION BY CLERK (MAE). Granted: 11/10/2010 |
| 24 | | 11/10/2010 | |
APPELLEE BRIEF (e-filed) |
| 25 | | 11/10/2010 | |
E-FILED BRIEF (AEB) |
| 26 | | 11/22/2010 | |
Received $25 surcharge for e-filed AEB (Receipt #20067) |
| 27 | | 11/23/2010 | |
Received 7 copies of AEB from CSD |
| 28 | | 11/24/2010 | |
REPLY BRIEF (e-filed) PDF |
| 29 | | 11/24/2010 | |
E-FILED BRIEF (RYB) PDF |
| 30 | | 11/29/2010 | |
Received 7 copies of RYB from Central Duplicating. |
| 31 | | 12/13/2010 | |
NOTICE OF ORAL ARGUMENT SENT |
| 32 | | 12/20/2010 | |
SITTING WITH THE COURT: Corwin, Wickham |
| 33 | | 01/04/2011 | |
APPEARANCES: Chad R. McCabe; Derrick L. Braaten |
| 34 | | 01/04/2011 | |
ARGUED: Chad R. McCabe; Derrick L. Braaten |
| 35 | | 01/04/2011 | |
ORAL ARGUMENT WEBCAST |
| 36 | | 03/25/2011 | |
DISPOSITION: REVERSED AND REMANDED |
| 37 | | 03/25/2011 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 38 | | 03/25/2011 | |
Costs on appeal taxed in favor of Appellant. |
| 39 | | 03/28/2011 | |
Judgment Sent to Parties |
| 40 | | 04/18/2011 | |
MANDATE |
| 41 | | 04/20/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |