Carlson v. Carlson
Gerald F. Carlson, Plaintiff, Appellant and Cross-Appellee
Marlys Jane Carlson, Defendant and Appellee and
Mylee Redlin, Defendant, Appellee and Cross-Appellant
Southeast Judicial District,
Judge John E. Greenwood
|Nature of Action:||Other (Civil)|
|Term:||03/2011  Argument: 03/31/2011 10:45am|
|ND cite:||2011 ND 168|
802 N.W.2d 436
Listen to recording of oral argument in MP3 format
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.
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|1||09/24/2010||NOTICE OF APPEAL: 09/23/2010|
|2||09/24/2010||ORDER FOR TRANSCRIPT: 09/23/2010|
|3||09/27/2010||--- CONSOLIDATED W/20100319 (make all entries except ROA, DIS & MAN in this case)|
|4||09/29/2010||Acknowledgment of Order for Trancript and Appeal & RETENTION OF RECORD ON APPEAL: 11/12/2010|
|5||10/26/2010||NOTICE OF CROSS APPEAL FILED IN THE TRIAL COURT 10/25/10.|
|6||11/09/2010||TRANSCRIPT DATED May 13, 2009 - May 15, 2009, & June 28, 2009, & C.O.S.|
|7||11/09/2010||DISK-TRA (2 volumes) dated May 13, 2009 - May 15, 2009 and June 28, 2009). e-mailed|
|8||11/18/2010||RECORD ON APPEAL and separates (entry nos. 1-199 hard file) (entry nos. 200-236 electronic)|
|9||12/16/2010||ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|10||12/16/2010||CLERK'S SUPPLEMENTAL CERTIFICATE OF ELECTRONIC RECORD ON APPEAL DATED 12/16/10 (ENTRY NOS. 237-24).|
|13||12/30/2010||DISK-ATB (CORRECTED) (E-MAILED)|
|14||01/03/2011||REC'D CORRECTED TITLE PAGES FOR ATB & ATA.|
|15||01/19/2011||MOT. EXT/TIME APPELLEE BRIEF (e-filed)|
|16||01/19/2011||E-FILED MOTION (Mot/Ext/AEB)|
|17||01/19/2011||ACTION BY CLERK (Mot/Ext/AEB). Granted: 01/24/2011|
|20||01/26/2011||Letter dated 1/25/11 indicating Marlys J. Carlson adopts brief of Appellee Gary L. Carlson.|
|21||01/31/2011||Rec'd 8 copies of corrected table of contents and electronic copy of AEB.|
|24||02/15/2011||NOTICE OF ORAL ARGUMENT SENT|
|25||02/18/2011||SITTING WITH THE COURT: Graff, Benny A.|
|26||03/31/2011||APPEARANCES: Kip M. Kaler; Monte L. Rogneby and Mandy R. Maxon|
|27||03/31/2011||ARGUED: Kaler; Rogneby|
|28||03/31/2011||ORAL ARGUMENT WEBCAST|
|29||06/06/2011||MOTION FOR SUBSTITUTION OF PARTY FOR GARY L. CARLSON|
|31||06/07/2011||ACTION BY CLERK (MOT FOR SUBSTITUTION). Granted|
|32||08/22/2011||DISPOSITION (Affirmed in part, vacated in part, and reversed and remanded in part): AFFIRMED/PT, VACATED/PT|
|33||08/22/2011||UNANIMOUS OPINION: Crothers, Daniel John|
|34||08/22/2011||Neither party have and recover costs and disbursements in this appeal|
|35||08/26/2011||Judgment Sent to Parties|
|36||09/06/2011||Mot. Ext/Time Petition for Rehearing|
|37||09/06/2011||E-FILED MOTION (MPR)|
|38||09/06/2011||ACTION BY CLERK (MPR). Granted: 09/09/2011|
|39||09/06/2011||PETITION FOR REHEARING (Entitled "Petition for Reconsideration")|
|40||09/06/2011||DISK - PER (e-mailed)|
|41||09/19/2011||ACTION BY SUPREME COURT. Denied|
|43||10/04/2011||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|