Investors Title Ins. Co. v. Herzig
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| 20120213 |
Investors Title Insurance Company, Plaintiff
v.
David F. Herzig, Southeastern
Shelter Corporation, Alphild Herzig, Defendants
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on appeal
Southeastern Shelter Corporation, Plaintiff and Appellant
v.
Sheldon Smith, Personal Representative
of the Estate of Alphild Herzig,
substituted for Alphild Herzig, Deceased, Defendant and Appellee
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge David W. Nelson |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
11/2012 Argument: 11/08/2012 11:00am
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| ND cite: |
2013 ND 13
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| NW cite: |
826 N.W.2d 310
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 lower court act in excess of its powers and or contrary to the Mandate of the Supreme Court by failing to make a finding and decision of what damages were to compensate Southeastern and when damages were sought and shown?
Appellee's Statement of the Issues:
I.The District Court followed the mandate of the
Supreme Court and properly determined what
portion of the sanctions were to specifically compensate
the Appellant
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| 1 | | 04/30/2012 | |
NOTICE OF APPEAL: 04/27/2012 |
| 2 | | 04/30/2012 | |
ORDER FOR TRANSCRIPT: 04/27/2012 |
| 3 | | 04/30/2012 | |
This case is consolidated w/20120214. Make all docket entries, except ROA, DIS, & MAN |
| 4 | | 04/30/2012 | |
codes, in this case |
| 5 | | 05/30/2012 | |
ELEC. RECORD ON APPEAL DATED 05/29/2012(ENTRY NOS.1-363) |
| 6 | | 06/14/2012 | |
TRANSCRIPT DATED FEBRUARY 24, 2012, & C.O.S. |
| 7 | | 06/14/2012 | |
DISK-TRA (2/24/12) E-MAILED |
| 8 | | 07/20/2012 | |
APPELLANT APPENDIX |
| 9 | | 07/26/2012 | |
APPELLANT BRIEF |
| 10 | | 08/02/2012 | |
DISK-ATB Flashdrive |
| 11 | | 08/21/2012 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 12 | | 08/21/2012 | |
E-FILED MOTION |
| 13 | | 08/21/2012 | |
ACTION BY CLERK. Granted: 09/25/2012 |
| 14 | | 09/25/2012 | |
APPELLEE BRIEF |
| 15 | | 09/25/2012 | |
DISK-AEB (e-mailed) |
| 16 | | 10/10/2012 | |
REPLY BRIEF of Appellant |
| 17 | | 10/11/2012 | |
DISK - ryb (flash drive) |
| 18 | | 10/18/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 19 | | 11/08/2012 | |
APPEARANCES: Robert Rau/Daniel Oster |
| 20 | | 11/08/2012 | |
ARGUED: Rau/Oster |
| 21 | | 11/08/2012 | |
ORAL ARGUMENT WEBCAST |
| 22 | | 01/23/2013 | |
DISPOSITION: REVERSED AND REMANDED |
| 23 | | 01/23/2013 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 24 | | 01/23/2013 | |
Concur in the result: VandeWalle, Gerald W.: CON/RES |
| 25 | | 01/23/2013 | |
Costs on appeal taxed in favor of Appellant |
| 26 | | 01/23/2013 | |
Judgment Sent to Parties |
| 27 | | 02/14/2013 | |
MANDATE |
| 28 | | 02/19/2013 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |