Carlson v. Carlson

20100318 Gerald F. Carlson, Plaintiff, Appellant and Cross-Appellee
v.
Marlys Jane Carlson, Defendant and Appellee and
Mylee Redlin, Defendant, Appellee and Cross-Appellant

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge John E. Greenwood
Nature of Action: Other (Civil)
Counsel:
Appellant: Kip M. Kaler
Appellee: Kenneth L. Dalsted
Appellee: Monte Lane Rogneby
Term: 03/2011   Argument: 03/31/2011  10:45am
ND cite: 2011 ND 168
NW cite: 802 N.W.2d 436

Listen to recording of oral argument in MP3 format
Listen to recording of oral argument in RM format
using RealPlayer Basic,© a free download.

Issues: Appellant's Statement of the Issues:
1.Did the trial court err in failing to treat moneys paid or advanced to the Partnership by the partners from real estate sales of their individually owned real estate as payments or advances under N.D.C.C. 45-16-01(3) and (4) and therefore loans to the Partnership as required by N.D.C.C. 45-16-01(5)?
2.Similarly, did the trial court err in failing to treat moneys paid or advanced to the Partnership by the partners from their individual credit cards, as payments or advances under N.D.C.C. 45-16-01(3) and (4) and therefore loans to the Partnership as required by N.D.C.C. 45-16-01(5); or alternatively, should the court have treated those credit cards liabilities as liabilities of the Partnership?
3.Did the court err in finding that Gary Carlson was not insolvent as a result of the transfer of real estate?

Appellee's Statement of the Issues:
I.Did the Court err when it applied the Uniform Fraudulent Transfer Act to the "transfer" of property between Gary and Marlys.
II.Did the Court err when it concluded Gary is not entitled to damages for Gerald's breach of duty for failing to pay Gary's life insurance premiums.
III.Did the Court err in its accounting of payments made by the partners to the partnership from real estate sales.
IV.Did the Court err when it found Gerald failed to prove certain credit card expenses were not expenses of the partnership.


Add Docket 20100318 RSS Add Docket 20100318 RSS

Docket entries:
109/24/2010 NOTICE OF APPEAL: 09/23/2010
209/24/2010 ORDER FOR TRANSCRIPT: 09/23/2010
309/27/2010 --- CONSOLIDATED W/20100319 (make all entries except ROA, DIS & MAN in this case)
409/29/2010 Acknowledgment of Order for Trancript and Appeal & RETENTION OF RECORD ON APPEAL: 11/12/2010
510/26/2010 NOTICE OF CROSS APPEAL FILED IN THE TRIAL COURT 10/25/10.
611/09/2010 TRANSCRIPT DATED May 13, 2009 - May 15, 2009, & June 28, 2009, & C.O.S.
711/09/2010 DISK-TRA (2 volumes) dated May 13, 2009 - May 15, 2009 and June 28, 2009). e-mailed
811/18/2010 RECORD ON APPEAL and separates (entry nos. 1-199 hard file) (entry nos. 200-236 electronic)
912/16/2010 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
1012/16/2010 CLERK'S SUPPLEMENTAL CERTIFICATE OF ELECTRONIC RECORD ON APPEAL DATED 12/16/10 (ENTRY NOS. 237-24).
1112/20/2010 APPELLANT BRIEF
1212/20/2010 APPELLANT APPENDIX
1312/30/2010 DISK-ATB (CORRECTED) (E-MAILED)
1401/03/2011 REC'D CORRECTED TITLE PAGES FOR ATB & ATA.
1501/19/2011 MOT. EXT/TIME APPELLEE BRIEF (e-filed)
1601/19/2011 E-FILED MOTION (Mot/Ext/AEB)
1701/19/2011 ACTION BY CLERK (Mot/Ext/AEB). Granted: 01/24/2011
1801/24/2011 APPELLEE BRIEF
1901/24/2011 DISK-AEB (CD-ROM)
2001/26/2011 Letter dated 1/25/11 indicating Marlys J. Carlson adopts brief of Appellee Gary L. Carlson.
2101/31/2011 Rec'd 8 copies of corrected table of contents and electronic copy of AEB.
2202/11/2011 REPLY BRIEF
2302/11/2011 DISK-RYB (E-MAIL)
2402/15/2011 NOTICE OF ORAL ARGUMENT SENT
2502/18/2011 SITTING WITH THE COURT: Graff, Benny A.
2603/31/2011 APPEARANCES: Kip M. Kaler; Monte L. Rogneby and Mandy R. Maxon
2703/31/2011 ARGUED: Kaler; Rogneby
2803/31/2011 ORAL ARGUMENT WEBCAST
2906/06/2011 MOTION FOR SUBSTITUTION OF PARTY FOR GARY L. CARLSON
3006/06/2011 E-FILED MOTION
3106/07/2011 ACTION BY CLERK (MOT FOR SUBSTITUTION). Granted
3208/22/2011 DISPOSITION (Affirmed in part, vacated in part, and reversed and remanded in part): AFFIRMED/PT, VACATED/PT
3308/22/2011 UNANIMOUS OPINION: Crothers, Daniel John
3408/22/2011 Neither party have and recover costs and disbursements in this appeal
3508/26/2011 Judgment Sent to Parties
3609/06/2011 Mot. Ext/Time Petition for Rehearing
3709/06/2011 E-FILED MOTION (MPR)
3809/06/2011 ACTION BY CLERK (MPR). Granted: 09/09/2011
3909/06/2011 PETITION FOR REHEARING (Entitled "Petition for Reconsideration")
4009/06/2011 DISK - PER (e-mailed)
4109/19/2011 ACTION BY SUPREME COURT. Denied
4209/29/2011 MANDATE
4310/04/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 07/28/2014