Specialized Contracting, Inc. v. St. Paul Fire & Marine Ins.
Specialized Contracting, Inc., a
North Dakota corporation, Plaintiff
St. Paul Fire & Marine Ins. Company,
a foreign insurance company, Defendant and Third Party Plaintiff
City of Valley City, a municipal
corporation, Third Party Defendant, Third Party Plaintiff and Appellee
Geo E. Haggart, Inc., Kadrmas, Lee
& Jackson, Inc., North Dakota
corporations, Third Party Defendants
Kadrmas, Lee & Jackson, Inc., a North
Dakota corporation, Appellant
Southeast Judicial District,
Judge Jay A. Schmitz
|Nature of Action:||Contracts|
|Term:||10/2012  Argument: 10/04/2012|
|ND cite:||2012 ND 259|
825 N.W.2d 872
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20120195 RSS|
|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|
|35||01/18/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|