Erickson v. Brown
John D. Erickson, Richard B.
Dregseth, and Jon A. Ramsey, Plaintiffs
Richard B. Dregseth, Appellant
Randy Brown, Defendant and Appellee
Capital Harvest, Inc., Defendant
Northeast Central Judicial District,
Grand Forks County
Judge Karen Kosanda Braaten
|Nature of Action:||Contracts|
|Term:||11/2011  Argument: 11/28/2011|
|ND cite:||2012 ND 43|
813 N.W.2d 531
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
Did the district court err in failing to reject Brown's testimony after he willfully, knowingly, and intentionally testified falsely in this proceeding?
Did the district court err in concluding that Dregseth failed to meet the elements of promissory estoppel?
Did the district court err by not applying the doctrine of equitable estoppel to this case?
Did the district court err in concluding that Dregseth failed to meet the elements of unjust enrichment?
Appellee's Statement of the Issues:
 Did the District Court make findings of fact in accord with the requirements of N.D.R.Civ.P. 52(a)?
 With regard to Dregseth's promissory estoppel claim:
A. Was the District Court's finding that there was no clear and unambiguous promise clearly erroneous?
B. Was the District Court's finding that there was no injustice clearly erroneous?
 With regard to Dregseth's equitable estoppel claim:
A. Is the theory of equitable estoppel available as a matter of law?
B. If the equitable estoppel theory is available, was the District Court's finding that there was no clear and unambiguous promise clearly erroneous?
 With regard to Dregseth's unjust enrichment claim:
A. Was the District Court's finding that there was no connection between Brown's claimed enrichment and Dregseth's claimed impoverishment clearly erroneous?
B. Was the District Court's finding that there was no absence of justification for the claimed enrichment and impoverishment clearly erroneous?
|Add Docket 20110144 RSS|
|1||05/16/2011 NOTICE OF APPEAL: 05/13/2011|
|2||05/16/2011 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|3||05/16/2011 ORDER FOR TRANSCRIPT: 05/13/2011|
|4||05/18/2011 MOTION OF DEFENDANTS FOR LIMITED REMAND TO DISTRICT COURT|
|5||05/18/2011 Affidavit of Service for Motion for Remand|
|6||05/18/2011 RETENTION OF RECORD ON APPEAL|
|7||05/19/2011 Response Filed to Motion for Remand|
|8||05/20/2011 ACTION BY CHIEF JUSTICE. Granted|
|9||05/20/2011 ORDER OF REMAND|
|10||05/20/2011 Order/Judgment Sent to Parties|
|11||06/22/2011 ELECTRONIC RECORD ON APPEAL (entry nos. 1 - 430) (refiled)|
|12||07/01/2011 MOT. EXT/TIME APPELLANT BRIEF (sua sponte - briefing schedule reset after remand)|
|13||07/01/2011 ACTION BY CLERK (sua sponte - briefing schedule reset after remand). Granted: 08/01/2011|
|14||07/05/2011 TRANSCRIPTS DATED 6/8/10, 6/9/10 AND 6/10/10, & C.O.S.|
|15||07/05/2011 DISK-TRA (6/8/10, 6/9/10 & 6/10/10) E-MAILED|
|16||07/05/2011 1st Clerk's Supplemental Certificate of Appeal dated 7/1/11 (432 & 433).No Entry No.431-Entry Error|
|17||07/07/2011 2nd Clerk's Supplemental Certificate of Appeal dated 7/6/11 (Entry Nos. 434-439)|
|18||08/16/2011 MOT. EXT/TIME APPELLANT BRIEF (e-filed)|
|19||08/16/2011 E-FILED MOTION (MAT)|
|20||08/16/2011 ACTION BY CLERK (MAT). Granted: 08/15/2011|
|21||08/15/2011 APPELLANT BRIEF (e-filed)|
|22||08/15/2011 E-FILED BRIEF (ATB)|
|23||08/15/2011 APPELLANT APPENDIX (e-filed)|
|24||08/15/2011 E-FILED APPENDIX (ATA)|
|25||08/16/2011 Received $25 e-filing surcharge for ATB (Receipt #20617).|
|26||08/17/2011 Received corrections to title pages of ATB & ATA.|
|27||08/22/2011 RECEIVED 7 COPIES OF ATB FROM CENTRAL DUPLICATING.|
|28||08/24/2011 Received 6 copies of ATA from Central Duplicating.|
|29||09/19/2011 APPELLEE BRIEF (e-filed)|
|30||09/19/2011 E-FILED BRIEF (AEB)|
|31||09/19/2011 APPELLEE APPENDIX (e-filed)|
|32||09/19/2011 E-FILED APPENDIX (AEA)|
|33||09/20/2011 Receipt $25 surcharge for AEB (Receipt #20669)|
|34||09/21/2011 Received 7 copies of AEB from CSD|
|35||09/21/2011 Received 6 copies of AEA from CSD|
|36||10/06/2011 NOTICE OF ORAL ARGUMENT SENT|
|37||10/24/2011 SITTING WITH THE COURT: McClintock, Jr., John C.|
|38||11/28/2011 APPEARANCES: Ronald H. McLean; Kasey D. McNary; W. Todd Haggart|
|39||11/28/2011 ARGUED: Ronald H. McLean; W. Todd Haggart|
|40||11/28/2011 ORAL ARGUMENT WEBCAST|
|41||02/27/2012 DISPOSITION: AFFIRMED|
|42||02/27/2012 UNANIMOUS OPINION: Crothers, Daniel John|
|43||02/27/2012 Costs on appeal taxed in favor of appellee|
|44||02/28/2012 Judgment Sent to Parties|
|46||05/08/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|