Specialized Contracting, Inc. v. St. Paul Fire & Marine Ins.
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| 20120195 |
Specialized Contracting, Inc., a
North Dakota corporation, Plaintiff
v.
St. Paul Fire & Marine Ins. Company,
a foreign insurance company, Defendant and Third Party Plaintiff
v.
City of Valley City, a municipal
corporation, Third Party Defendant, Third Party Plaintiff and Appellee
v.
Geo E. Haggart, Inc., Kadrmas, Lee
& Jackson, Inc., North Dakota
corporations, Third Party Defendants
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Kadrmas, Lee & Jackson, Inc., a North
Dakota corporation, Appellant
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| Appeal from: |
District Court,
Southeast Judicial District,
Barnes County
Judge Jay A. Schmitz |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
10/2012 Argument: 10/04/2012 02:45pm
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| ND cite: |
2012 ND 259
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| NW cite: |
825 N.W.2d 872
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1.Did the trial court err in not dismissing Kadrmas, Lee & Jackson from the trial of this matter?
2.Are the indemnity provisions indemnification against claims only and not indemnification against liability?
3.Is KLJ entitled to recover its costs and disbursements?
Appellee's Statement of the Issues:
I.Does this Court lack jurisdiction to consider matters raised by KLJ in its opening brief but not set forth in its notice of appeal?
II.Must KLJ's arguments relating to the SJ order be dismissed because the order is moot and not appealable?
III.Did KLJ have the duty to defend the City because the claims made against the City were embraced by its contractual obligation?
IV.Was the trier of fact properly presented with issues of KLJ's negligence?
V.Is KLJ is a prevailing party when the City is equally a prevailing party?
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| 1 | | 04/16/2012 | |
NOTICE OF APPEAL: 04/16/2012 |
| 2 | | 04/16/2012 | |
ORDER FOR TRANSCRIPT: 04/16/2012 |
| 3 | | 04/25/2012 | |
Acknowledgment of OTR from Brenda Richards |
| 4 | | 05/18/2012 | |
ELEC. RECORD ON APPEAL (ENTRY NOS.1-170,172-173,175-188,190-274,Items not scanned Nos.171,174 &189) |
| 5 | | 05/31/2012 | |
MOT. EXT/TIME TRANSCRIPT |
| 6 | | 05/31/2012 | |
ACTION BY TRIAL COURT. Granted: 06/25/2012 |
| 7 | | 06/15/2012 | |
TRANSCRIPTS DATED March 15-18, 2010 (4 volumes) & C.O.S. |
| 8 | | 06/21/2012 | |
DISK-TRA (March 15-18, 2010 - 4 volumes E-MAILED |
| 9 | | 07/20/2012 | |
APPELLANT APPENDIX |
| 10 | | 07/20/2012 | |
E-FILED APPENDIX |
| 11 | | 07/23/2012 | |
Received $25 surcharge for ATB (Receipt #21256) |
| 12 | | 07/26/2012 | |
Rec'd 6 copies of ATA from CSD |
| 13 | | 07/26/2012 | |
APPELLANT BRIEF |
| 14 | | 07/26/2012 | |
E-FILED BRIEF |
| 15 | | 07/30/2012 | |
Received 7 copies of ATB from CSD |
| 16 | | 08/27/2012 | |
APPELLEE BRIEF |
| 17 | | 08/27/2012 | |
E-FILED BRIEF |
| 18 | | 08/27/2012 | |
APPELLEE APPENDIX |
| 19 | | 08/27/2012 | |
E-FILED APPENDIX |
| 20 | | 08/29/2012 | |
Received $73.50 e-filing surcharge for AEB & AEA (Receipt #21475) |
| 21 | | 08/30/2012 | |
Received 7 copies of AEB from Central Duplicating |
| 22 | | 08/30/2012 | |
Received 6 copies of AEA from Central Duplicating |
| 23 | | 09/06/2012 | |
REPLY BRIEF |
| 24 | | 09/06/2012 | |
E-FILED BRIEF |
| 25 | | 09/06/2012 | |
Received 7 copies of RYB from Central Duplicating |
| 26 | | 09/17/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 27 | | 10/04/2012 | |
APPEARANCES: Michael J. Maus/Daniel L. Gaustad |
| 28 | | 10/04/2012 | |
ARGUED: Maus/Gaustad |
| 29 | | 10/04/2012 | |
ORAL ARGUMENT WEBCAST |
| 30 | | 12/18/2012 | |
DISPOSITION: REVERSED AND REMANDED |
| 31 | | 12/18/2012 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 32 | | 12/18/2012 | |
Costs on appeal taxed in favor of appellant |
| 33 | | 12/19/2012 | |
Judgment Sent to Parties |
| 34 | | 01/17/2013 | |
MANDATE |
| 35 | | 01/18/2013 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |