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 1:30pm|
|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?
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|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|
|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|