F/S Manufacturing v. Kensmoe
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| 20100167 |
F/S Manufacturing, a
North Dakota Corporation, Plaintiff and Appellee
v.
Lesa Kensmoe, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Wade L. Webb |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
10/2010 Argument: 10/20/2010 11:00am
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| ND cite: |
2011 ND 113
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| NW cite: |
798 N.W.2d 853
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Is F/S Manufacturing, Inc. allowed to renew a judgment that was cancelled of record?
Appellee's Statement of the Issues:
Whether a judgment debtor's absence from North Dakota or involvement in bankruptcy proceedings tolls the ten-year statute of limitations for renewing a judgment under N.D.C.C. 28-20-21.
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| 1 | | 06/09/2010 | |
NOTICE OF APPEAL: 06/07/2010 |
| 2 | | 06/09/2010 | |
MOTION (Petition to Waive Filing Fee on Appeal) |
| 3 | | 06/10/2010 | |
ACTION BY CLERK (Pet/In/Forma/Pauperis). Denied |
| 4 | | 07/06/2010 | |
APPELLANT BRIEF |
| 5 | | 07/06/2010 | |
APPELLANT APPENDIX |
| 6 | | 07/07/2010 | |
Appellant's request to waive oral argument |
| 7 | | 07/12/2010 | |
DISK (ATB) e-mailed |
| 8 | | 07/15/2010 | |
Corrected cover pages for ATB and ATA rec'd. |
| 9 | | 07/07/2010 | |
RECORD ON APPEAL (Electronically filed) |
| 10 | | 08/03/2010 | |
APPELLEE BRIEF (e-filed) |
| 11 | | 08/03/2010 | |
E-FILED BRIEF (aeb) |
| 12 | | 08/03/2010 | |
APPELLEE APPENDIX |
| 13 | | 08/03/2010 | |
E-FILED APPENDIX (AEA) |
| 14 | | 08/04/2010 | |
Received $25 surcharge for AEB (Receipt #19751). |
| 15 | | 08/04/2010 | |
Appellee requests waiver of oral argument |
| 16 | | 08/06/2010 | |
Received 6 copies of AEB from Central Duplicating. |
| 17 | | 08/06/2010 | |
Received 6 copies of AEA from Central Duplicating. |
| 18 | | 08/06/2010 | |
Received updated affidavit of service. |
| 19 | | 08/12/2010 | |
REPLY BRIEF |
| 20 | | 08/12/2010 | |
DISK - RYB (CD) |
| 21 | | 09/21/2010 | |
NOTICE OF ORAL ARGUMENT SENT |
| 22 | | 09/21/2010 | |
ACTION BY SUPREME COURT (Request to waive on behalf of Appellant). Granted |
| 23 | | 09/21/2010 | |
ACTION BY SUPREME COURT (request to waive on behalf of Appellee). Denied |
| 24 | | 10/20/2010 | |
APPEARANCES: Appellant argument waived; Peter W. Zuger |
| 25 | | 10/20/2010 | |
ARGUED: Appellant's argument waived under 34(f); Peter W. Zuger |
| 26 | | 10/20/2010 | |
ORAL ARGUMENT WEBCAST |
| 27 | | 06/21/2011 | |
DISPOSITION: REVERSED |
| 28 | | 06/21/2011 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 29 | | 06/21/2011 | |
Costs on appeal taxed in favor of Appellant |
| 30 | | 06/23/2011 | |
Judgment Sent to Parties |
| 31 | | 07/21/2011 | |
MANDATE |
| 32 | | 07/27/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |