SolarBee, Inc. v. Walker

20120125 SolarBee, Inc., Plaintiff and Appellee
v.
Sandra Walker and Joseph Eilers, Defendants and Appellants

Appeal from: District Court, Southwest Judicial District, Stark County
Judge Zane Anderson
Nature of Action: Employer/Employee Dispute
Counsel:
Appellant: Jonathan Paul Sanstead
Appellant: Christina Anne Sambor
Appellee: Michael J. Maus
Appellee: Patrick David Hope
Term: 10/2012   Argument: 10/04/2012  9:00am
ND cite: 2013 ND 110
NW cite: 833 N.W.2d 422

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. The district court erred in awarding damages under a cause of action that was not pled by Plaintiff.
A. Standard of review and applicable law
B. Plaintiff did not plead breach of employment contract as a cause of action, Defendants lacked notice of such a claim, and the court's damage award based thereon was improper.
C. Defendants gave neither express nor implied consent to amend the pleadings to allege breach of employment contract either during or after trial.
II. The court's findings that Appellants breached their proprietary agreement and conspired to tortiously interfere with business relationships and expectancies do not comply with Civil Rule of Procedure 52(a).
A. The trial court's findings are inadequate under Rule 52(a) because they fail to identify factual findings which support necessary elements of the causes of action
1. Walker's liability for breach of proprietary agreement
2. Liability for tortious interference with business relationship
III. The damages granted to Plaintiffs by the trial court were impermissibly speculative, vague as to basis for the award, and not tied to any properly pled cause of action
A. Standard of review and applicable aaw
B. No evidence was presented to support the percentage of losses attributed to defendants

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Docket entries:
102/24/2012 NOTICE OF APPEAL: 02/22/2012
202/24/2012 ORDER FOR TRANSCRIPT: 02/22/2012
303/20/2012 ELEC. RECORD ON APPEAL (ENTRY NOS.1-40;42-56;58-121;123-162; 164-175; & 204-205) NOTE:#41, 57, 122,
403/20/2012 163 & 176-203 were deleted as they were entered in error)
503/29/2012 Amended ELEC. RECORD ON APPEAL (ENTRY NOS.1-40;42-56;58-77; 79-121;123-162; 164-175; & 204-206)
603/29/2012 NOTE: #41, 57, 78, 122, 163 & 176-203 were deleted as they were entered in error)
704/11/2012 ELEC. SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.207-209 )
804/23/2012 ELEC. SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.210-211)
904/23/2012 MOT. EXT/TIME TRANSCRIPT
1004/23/2012 ACTION BY TRIAL COURT. Granted: 05/22/2012
1105/19/2012 MOT. EXT/TIME TRANSCRIPT
1205/19/2012 ACTION BY CLERK. Granted: 06/01/2012
1305/23/2012 ELEC. SUPP. RECORD ON APPEAL DATED 05/22/2012 (ENTRY NOS.212-213)
1405/29/2012 TRANSCRIPTS DATED 11/1/2012, 11/2/2012, & 11/3/2012 & C.O.S.
1506/04/2012 DISK-Transcripts dated 11/1/2011, 11/2/2011, & 11/3/2011 (e-mailed)
1607/02/2012 MOT. EXT/TIME APPELLANT BRIEF
1707/02/2012 E-FILED MOTION
1807/02/2012 ACTION BY CHIEF DEPUTY CLERK. Granted: 07/27/2012
1907/27/2012 APPELLANT BRIEF
2007/27/2012 E-FILED BRIEF
2107/27/2012 APPELLANT APPENDIX
2207/27/2012 E-FILED APPENDIX
2307/31/2012 Received $25 surcharge for ATB (Receipt #21279)
2408/03/2012 Received nonsubstantive corrected electronic appellant's brief and appendix
2508/06/2012 Received $10 additional surcharge for ATA (Receipt #21290)
2608/07/2012 Received 7 copies of ATB from CSD
2708/07/2012 Received 6 copies of ATA from CSD
2808/24/2012 APPELLEE BRIEF (pdf)
2908/24/2012 E-FILED BRIEF
3008/24/2012 Received $25 surchage for AEB (Receipt #21469)
3108/30/2012 Received 7 copies of AEB from Central Duplicating
3209/10/2012 MOT. EXT/TIME REPLY BRIEF
3309/10/2012 E-FILED MOTION
3409/11/2012 ACTION BY CLERK w/understanding OA is still in October. Granted: 09/11/2012
3509/11/2012 REPLY BRIEF OF Appellants
3609/11/2012 E-FILED BRIEF
3709/17/2012 NOTICE OF ORAL ARGUMENT SENT
3809/17/2012 Rec'd 7 copies of RYB from CSD
3910/04/2012 APPEARANCES: Jonathan P. Sanstead; Christina A. Sambor; Michael J. Maus; Patrick D. Hope
4010/04/2012 ARGUED: Christina A. Sambor; Michael J. Maus
4110/04/2012 ORAL ARGUMENT WEBCAST
4206/24/2013 DISPOSITION: AFFIRMED
4306/24/2013 UNANIMOUS OPINION: Sandstrom, Dale V.
4406/24/2013 Costs on appeal taxed in favor of appellee.
4506/25/2013 Judgment E-Mailed to Parties
4607/10/2013 4th ELEC. SUPP. RECORD ON APPEAL DATED July 10, 2013 (ENTRY NOS. 214-221)
4707/25/2013 MANDATE
4807/30/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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