Erickson v. Brown

20110144 John D. Erickson, Richard B.
Dregseth, and Jon A. Ramsey, Plaintiffs
-----------------
Richard B. Dregseth, Appellant
v.
Randy Brown, Defendant and Appellee
and
Capital Harvest, Inc., Defendant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Karen Kosanda Braaten
Nature of Action: Contracts
Counsel:
Appellant: Ronald H. McLean
Appellant: Kasey Duane McNary
Appellee: W Todd Haggart
Term: 11/2011   Argument: 11/28/2011  1:30pm
ND cite: 2012 ND 43
NW cite: 813 N.W.2d 531

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
[1]Did the district court err in failing to reject Brown's testimony after he willfully, knowingly, and intentionally testified falsely in this proceeding?
[2]Did the district court err in concluding that Dregseth failed to meet the elements of promissory estoppel?
[3]Did the district court err by not applying the doctrine of equitable estoppel to this case?
[4]Did the district court err in concluding that Dregseth failed to meet the elements of unjust enrichment?

Appellee's Statement of the Issues:
[1] Did the District Court make findings of fact in accord with the requirements of N.D.R.Civ.P. 52(a)?
[2] 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?
[3] 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?
[4] 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?

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Docket entries:
105/16/2011 NOTICE OF APPEAL: 05/13/2011
205/16/2011 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
305/16/2011 ORDER FOR TRANSCRIPT: 05/13/2011
405/18/2011 MOTION OF DEFENDANTS FOR LIMITED REMAND TO DISTRICT COURT
505/18/2011 Affidavit of Service for Motion for Remand
605/18/2011 RETENTION OF RECORD ON APPEAL
705/19/2011 Response Filed to Motion for Remand
805/20/2011 ACTION BY CHIEF JUSTICE. Granted
905/20/2011 ORDER OF REMAND
1005/20/2011 Order/Judgment Sent to Parties
1106/22/2011 ELECTRONIC RECORD ON APPEAL (entry nos. 1 - 430) (refiled)
1207/01/2011 MOT. EXT/TIME APPELLANT BRIEF (sua sponte - briefing schedule reset after remand)
1307/01/2011 ACTION BY CLERK (sua sponte - briefing schedule reset after remand). Granted: 08/01/2011
1407/05/2011 TRANSCRIPTS DATED 6/8/10, 6/9/10 AND 6/10/10, & C.O.S.
1507/05/2011 DISK-TRA (6/8/10, 6/9/10 & 6/10/10) E-MAILED
1607/05/2011 1st Clerk's Supplemental Certificate of Appeal dated 7/1/11 (432 & 433).No Entry No.431-Entry Error
1707/07/2011 2nd Clerk's Supplemental Certificate of Appeal dated 7/6/11 (Entry Nos. 434-439)
1808/16/2011 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
1908/16/2011 E-FILED MOTION (MAT)
2008/16/2011 ACTION BY CLERK (MAT). Granted: 08/15/2011
2108/15/2011 APPELLANT BRIEF (e-filed)
2208/15/2011 E-FILED BRIEF (ATB)
2308/15/2011 APPELLANT APPENDIX (e-filed)
2408/15/2011 E-FILED APPENDIX (ATA)
2508/16/2011 Received $25 e-filing surcharge for ATB (Receipt #20617).
2608/17/2011 Received corrections to title pages of ATB & ATA.
2708/22/2011 RECEIVED 7 COPIES OF ATB FROM CENTRAL DUPLICATING.
2808/24/2011 Received 6 copies of ATA from Central Duplicating.
2909/19/2011 APPELLEE BRIEF (e-filed)
3009/19/2011 E-FILED BRIEF (AEB)
3109/19/2011 APPELLEE APPENDIX (e-filed)
3209/19/2011 E-FILED APPENDIX (AEA)
3309/20/2011 Receipt $25 surcharge for AEB (Receipt #20669)
3409/21/2011 Received 7 copies of AEB from CSD
3509/21/2011 Received 6 copies of AEA from CSD
3610/06/2011 NOTICE OF ORAL ARGUMENT SENT
3710/24/2011 SITTING WITH THE COURT: McClintock, Jr., John C.
3811/28/2011 APPEARANCES: Ronald H. McLean; Kasey D. McNary; W. Todd Haggart
3911/28/2011 ARGUED: Ronald H. McLean; W. Todd Haggart
4011/28/2011 ORAL ARGUMENT WEBCAST
4102/27/2012 DISPOSITION: AFFIRMED
4202/27/2012 UNANIMOUS OPINION: Crothers, Daniel John
4302/27/2012 Costs on appeal taxed in favor of appellee
4402/28/2012 Judgment Sent to Parties
4505/03/2012 MANDATE
4605/08/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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