Lund v. Lund
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| 20120210 |
Wendell Lund, Plaintiff and Appellant
v.
Orville Lund and Betty Lund, Defendants
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Betty Lund, Appellee
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| Appeal from: |
District Court,
Northeast Judicial District,
Bottineau County
Judge John C. McClintock, Jr. |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
10/2012 Argument: 10/04/2012 11:00am
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| ND cite: |
2012 ND 255
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| NW cite: |
825 N.W.2d 852
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
Whether the District Court erred in dismissing W.L.'s Complaint by claiming that North Dakota does not have personal jurisdiction over B.L.
Appellee's Statement of the Issues:
1.Whether the Trial Court erred when it determined that the Complaint did not allege any facts from which a Trial Court could find that the claim for relief conformed to any of the requirements of Rule 4(b)(2) N.D.R.Civ.P.?
2.Whether this Appeal and the underlying action is an attempt to circumvent this Court's decision in Lund v. Lund and is therefore frivolous and actual attorney's fees and costs should be awarded?
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| 1 | | 04/27/2012 | |
NOTICE OF APPEAL: 04/23/2012 |
| 2 | | 04/27/2012 | |
ORDER FOR TRANSCRIPT: 04/23/2012 |
| 3 | | 05/01/2012 | |
Letter from Court Reporter to Theresa Kellington asking for advance payment of Transcript |
| 4 | | 05/25/2012 | |
ELEC. RECORD ON APPEAL DATED (ENTRY NOS.1-51) |
| 5 | | 06/08/2012 | |
TRANSCRIPT DATED MARCH 2, 2012, & C.O.S. |
| 6 | | 06/08/2012 | |
DISK-TRA (3/2/12) E-MAILED |
| 7 | | 07/17/2012 | |
APPELLANT BRIEF |
| 8 | | 07/17/2012 | |
APPELLANT APPENDIX |
| 9 | | 07/20/2012 | |
Rec'd corrected title pgs for ATB & ATA, corrected pg 1 of ATB, proof of svc on McIntee & O. Lund |
| 10 | | 07/23/2012 | |
DISK-ATB (E-MAILED) |
| 11 | | 07/26/2012 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 12 | | 07/26/2012 | |
E-FILED MOTION |
| 13 | | 07/30/2012 | |
ACTION BY DEPUTY CLERK. Granted: 09/07/2012 |
| 14 | | 08/31/2012 | |
APPELLEE BRIEF |
| 15 | | 08/31/2012 | |
E-FILED BRIEF |
| 16 | | 08/31/2012 | |
Received non-substantive corrections to AEB |
| 17 | | 09/04/2012 | |
Received $25 e-filing surcharge (Receipt #21485) |
| 18 | | 09/07/2012 | |
Received 7 copies of AEB from Central Duplicating |
| 19 | | 09/17/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 20 | | 10/04/2012 | |
APPEARANCES: Theresa Kellington and Wendell Lund/Michael McIntee |
| 21 | | 10/04/2012 | |
ARGUED: Kellington/McIntee |
| 22 | | 10/04/2012 | |
ORAL ARGUMENT WEBCAST |
| 23 | | 10/29/2012 | |
MOTION FOR REMAND |
| 24 | | 10/29/2012 | |
ACTION BY CHIEF JUSTICE. Granted |
| 25 | | 10/29/2012 | |
ORDER OF REMAND |
| 26 | | 10/30/2012 | |
Order/Judgment Sent to Parties |
| 27 | | 12/03/2012 | |
Letter dated 11/29/12 from Michael S. McIntee re: dismissal |
| 28 | | 12/10/2012 | |
Letter dated 12/7/12 from Theresa L. Kellington re: dismissal |
| 29 | | 12/18/2012 | |
DISPOSITION: REVERSED AND REMANDED |
| 30 | | 12/18/2012 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 31 | | 12/18/2012 | |
Costs on appeal taxed in favor of appellant |
| 32 | | 12/19/2012 | |
Judgment Sent to Parties |
| 33 | | 01/17/2013 | |
MANDATE |
| 34 | | 01/28/2013 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |