Specialized Contracting, Inc. v. St. Paul Fire & Marine Ins.

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
----------
Kadrmas, Lee & Jackson, Inc., a North
Dakota corporation, Appellant

Appeal from: District Court, Southeast Judicial District, Barnes County
Judge Jay A. Schmitz
Nature of Action: Contracts
Counsel:
Appellant: Michael J. Maus
Appellee: Daniel Lee Gaustad
Term: 10/2012   Argument: 10/04/2012  2:45pm
ND cite: 2012 ND 259
NW cite: 825 N.W.2d 872

Listen to recording of oral argument in MP3 format

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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Docket entries:
104/16/2012 NOTICE OF APPEAL: 04/16/2012
204/16/2012 ORDER FOR TRANSCRIPT: 04/16/2012
304/25/2012 Acknowledgment of OTR from Brenda Richards
405/18/2012 ELEC. RECORD ON APPEAL (ENTRY NOS.1-170,172-173,175-188,190-274,Items not scanned Nos.171,174 &189)
505/31/2012 MOT. EXT/TIME TRANSCRIPT
605/31/2012 ACTION BY TRIAL COURT. Granted: 06/25/2012
706/15/2012 TRANSCRIPTS DATED March 15-18, 2010 (4 volumes) & C.O.S.
806/21/2012 DISK-TRA (March 15-18, 2010 - 4 volumes E-MAILED
907/20/2012 APPELLANT APPENDIX
1007/20/2012 E-FILED APPENDIX
1107/23/2012 Received $25 surcharge for ATB (Receipt #21256)
1207/26/2012 Rec'd 6 copies of ATA from CSD
1307/26/2012 APPELLANT BRIEF
1407/26/2012 E-FILED BRIEF
1507/30/2012 Received 7 copies of ATB from CSD
1608/27/2012 APPELLEE BRIEF
1708/27/2012 E-FILED BRIEF
1808/27/2012 APPELLEE APPENDIX
1908/27/2012 E-FILED APPENDIX
2008/29/2012 Received $73.50 e-filing surcharge for AEB & AEA (Receipt #21475)
2108/30/2012 Received 7 copies of AEB from Central Duplicating
2208/30/2012 Received 6 copies of AEA from Central Duplicating
2309/06/2012 REPLY BRIEF
2409/06/2012 E-FILED BRIEF
2509/06/2012 Received 7 copies of RYB from Central Duplicating
2609/17/2012 NOTICE OF ORAL ARGUMENT SENT
2710/04/2012 APPEARANCES: Michael J. Maus/Daniel L. Gaustad
2810/04/2012 ARGUED: Maus/Gaustad
2910/04/2012 ORAL ARGUMENT WEBCAST
3012/18/2012 DISPOSITION: REVERSED AND REMANDED
3112/18/2012 UNANIMOUS OPINION: Maring, Mary Muehlen
3212/18/2012 Costs on appeal taxed in favor of appellant
3312/19/2012 Judgment Sent to Parties
3401/17/2013 MANDATE
3501/18/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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