Lonesome Dove Petroleum, Inc. v. Nelson
Lonesome Dove Petroleum, Inc., Plaintiff and Appellee
Charles Schreiner Nelson, Defendant and Appellant
Michael Flinn, Phoenix
Energy Companies, Inc., Defendants on Crossclaim
Southwest Judicial District,
Judge Allan L. Schmalenberger
|Nature of Action:||Oil, Gas and Minerals|
|Term:||02/2000  Argument: 02/17/2000|
|ND cite:||2000 ND 104|
611 N.W.2d 154
Appellant's Statement of the Issues:|
Did the trial court error when it made a finding of fact and conclusion of law that no breach of duty occurred to Nelson when he was excluded from meetings, not provided material documents to transactions and ultimately frozen out of the corporation.
The trial court clearly erred when it found a contract existed when there was no meeting of the minds.
Appellee's Statement of the Issues:
1. Did LDP, Brett Boedecker, Susanne Boedecker, and/or Flinn breach any common law duty owed to Nelson as a shareholder in LDP?
2. Are the trial court's Findings of Fact that Lonesome Dove never acted illegally, fraudulently, unfairly prejudicially, or in bad faith clearly erroneous?
3. Is the trial court's Finding of Fact that Nelson and LDP reached an enforceable contract in December 1995 clearly erroneous?
4. Was the contract between Nelson and LDP required to be evidenced by a formal executed written purchase agreement?
5. Is the trial court's Finding of Fact that Nelson's attorney, Randy Fields, had actual or ostensible authority to bind Nelson clearly erroneous?
6. Are the trial court's Findings of Fact that there were no conditions precedent to the agreement reached between LDP and Nelson in December 1995 clearly erroneous?
7. Is the trial court's Finding of Fact that there was a reasonably definite and certain agreement between LDP and Nelson clearly erroneous?
Appellee's Statement of the Issues:
Although Nelson has alleged and argued many different theories resulting in Phoenix's liability to him in his briefs throughout the course of the case, it appears that he has limited his appeal to the theory that Phoenix breached a duty owed to Nelson as a joint venturer or partner as set out in his Part IV PHOENIX ENERGY LIABILITY.
|Add Docket 990272 RSS|
|1||09/09/1999 NOTICE OF APPEAL: 09/08/1999|
|2||09/09/1999 ORDER FOR TRANSCRIPT (Kim Schwartz): 09/08/1999|
|3||09/20/1999 Filing fee Received|
|4||10/12/1999 RETENTION OF RECORD ON APPEAL (Kimberly L. Schwartz, Court Reporter): 11/08/1999|
|5||10/29/1999 MOT. EXT/TIME TRANSCRIPT|
|6||10/29/1999 ACTION BY TRIAL COURT. Granted: 11/08/1999|
|7||11/08/1999 TRANSCRIPT DATED April 12-17, 1999 (2 Vols.)|
|8||11/15/1999 RECORD ON APPEAL (5 volumes) & Exhibits (which includes a video tape)|
|9||11/16/1999 DISKS (2) of TRA (4/12 through 4/17/99)|
|10||12/18/1999 APPELLANT BRIEF|
|11||12/18/1999 APPELLANT APPENDIX|
|12||12/29/1999 DISK - ATB|
|13||12/29/1999 Cys of corrected TOA & pgs of ATB & TOC , docket sheet, NOA & Judgment for ATA - inserted|
|14||01/14/2000 APPELLEE BRIEF (AE Lonesome Dove Petroleum, Inc., and AE's on Crossclaim Brett Boedecker, Susanne|
|15||01/14/2000 Boedecker, and Michael Flinn)|
|16||01/14/2000 APPELLEE APPENDIX|
|17||01/14/2000 DISK - AEB|
|18||01/20/2000 APPELLEE BRIEF (on crossclaim, Phoenix Energy Co., Inc.)|
|19||01/20/2000 APPELLEE APPENDIX (on crossclaim, Phoenix Energy Co. Inc.)|
|20||01/20/2000 DISK - AEB on crossclaim Phoenix Energy Co.|
|21||01/28/2000 REPLY BRIEF of Appellant to AEB of Lonesome Dove Petroleum, B. Boedecker, S. Boedecker & Flinn|
|22||01/31/2000 DISK - RYB|
|23||02/04/2000 REPLY BRIEF of Appellant to AEB of Phoenix Energy Companies, Inc.|
|24||02/07/2000 DISK - ryb|
|25||02/17/2000 APPEARANCES: Ronald H. McLean; Marvin L. Kaiser; Lyle W. Kirmis; Joseph H. Kubik|
|26||02/17/2000 ARGUED: McLean; Kirmis (Vol. W; page 232)|
|27||05/25/2000 DISPOSITION: AFFIRMED|
|28||05/25/2000 UNANIMOUS OPINION: Sandstrom, Dale V.|
|29||05/25/2000 Costs on appeal taxed in favor of appellee|
|30||05/26/2000 Order/Judgment Mailed to Parties|
|32||06/22/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|33||01/31/2007 EXPUNGED - Nonpermanent record items destroyed|