Comstock Construction, Inc. v. Sheyenne Disposal, Inc.
Comstock Construction, Inc., Plaintiff, Appellee
Sheyenne Disposal, Inc., Defendant, Appellant
East Central Judicial District,
Judge Georgia Dawson
|Nature of Action:||Real Property|
|Term:||05/2002  Argument: 05/22/2002|
|ND cite:||2002 ND 141|
651 N.W.2d 656
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
Whether the trial court abused its discretion in denying Sheyenne's Motion for New Trial where the jury's verdict finding a contract between Sheyenne Disposal and Comstock Construction for an agreed price is not supported by substantial evidence.
Whether the trial court abused is discretion in denying Sheyenne's Motion for New Trial where it failed to analyze and consider whether the jury verdict was against the weight of the evidence.
Whether the jury's verdict finding a contract is contrary to North Dakota law, because the evidence established there was only an agreement to agree on a price to be paid for the construction project.
Whether the jury's verdict awarding interest is contrary to N.D.C.C. 32-03-04 when there was no evidence of "vesting" on May 1, 1999.
Appellant's Reply Brief Issues
I. The Trial Court Abused its Discretion in Denying Sheyenne's Motion for New Trial.
II. N.D.R. Civ. P. 6(e) Does Not Apply to Extend the Deadline for Commencing and Filing an Action to Foreclose a Mechanic's Lien Under N.D.C.C. 35-27-25.
Appellee's Statement of the Issues:
I. Standard of Review on Appeal Is Abuse of Discretion.
II. District Court Did Not Abuse its Discretion in Denying Motion for New Trial.
III. Unanimous Jury Verdict Is Not Contrary to North Dakota Law.
IV. The Trial Court Properly Denied Remittitur.
V. District Court Erred in Holding Mechanic's Lien Invalid.
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|1||11/14/2001 NOTICE OF APPEAL: 11/13/2001|
|2||11/14/2001 ORDER FOR TRANSCRIPT (6-19-01 through 6-21-01): 11/13/2001|
|3||11/21/2001 RETENTION OF RECORD ON APPEAL (Randall W. Randall): 02/11/2002|
|4||11/27/2001 NOTICE OF CROSS APPEAL (filed in trial court on 11-23-01)|
|5||11/27/2001 Order for Transcript from Cross-Appellant (8/28/00 Hrg.)|
|6||12/28/2001 TRANSCRIPT DATED AUGUST 28, 2000 (CROSS-APPELLANT ORDERED THIS TRANSCRIPT)|
|7||12/31/2001 DISK - TRA of August 28, 2000|
|8||01/03/2002 MOT. EXT/TIME TRANSCRIPT (Steven W. Randall)|
|9||01/03/2002 ACTION BY TRIAL COURT (MTR). Granted: 02/11/2002|
|10||01/10/2002 TRANSCRIPT COMMENCING 6-19-01 (3 VOLS.)|
|11||01/11/2002 DISK - TRA (6-19-01) (electronically transmitted)|
|12||01/16/2002 RECORD ON APPEAL including exhibits, depositions (2), Partial Transcripts (2) dated|
|13||01/16/2002 June 19-20, 2001 and June 20, 2001. Not forwarded w/the record were entry No. 15 (Tape), entry|
|14||01/16/2002 Entry No. 66 (Steno Notes), Entry No. 94 (Tape), Entry No. 111 (Execution issued)|
|15||02/05/2002 (NOTE: No. 111 (Execution) was filed w/Suppl. Clerk's Cert. dated 2-04-02)|
|16||02/05/2002 SUPPLEMENTAL CLERK'S CERT. DATED 2-04-02 (Entry Nos. 111; 117-121) (NOTE: No. 111 is Execution)|
|17||02/19/2002 APPELLANT BRIEF|
|18||02/19/2002 APPELLANT APPENDIX|
|19||02/20/2002 DISK - ATB|
|20||03/19/2002 MOT. EXT/TIME APPELLEE BRIEF; AFFIDAVIT OF ROBERT G. HOY (faxed)|
|21||03/19/2002 ACTION BY CLERK (MAE, w/understanding OA will be heard in May). Granted: 04/01/2002|
|22||03/20/2002 Original Motion for Enlargement of Time to file AEB & Affidavit in Support|
|23||04/01/2002 APPELLEE BRIEF|
|24||04/01/2002 APPELLEE APPENDIX|
|25||04/02/2002 MOTION FOR SUSPENSION OF RULES (re word count); AFFIDAVIT OF ROBERT G. HOY|
|26||04/02/2002 ACTION BY CHIEF JUSTICE (ext. of word limits - AEB). Granted|
|27||04/10/2002 Table of Authorities and page for AEB|
|28||04/10/2002 DISK - AEB (e-mailed)|
|29||04/12/2002 Supplemental Clerk's Certificate #2 dated 4-11-02 (Entry Nos. 120 & 122-127)|
|30||04/18/2002 APPELLANT'S REPLY BRIEF|
|31||04/19/2002 DISK - Appellant's Reply Brief|
|32||04/29/2002 REPLY BRIEF of Appellee/Cross-Appellant|
|33||04/30/2002 DISK - Appellee/Cross-Appellant Reply Brief|
|34||05/22/2002 APPEARANCES: Richard Henderson; Robert G. Hoy|
|35||05/22/2002 ARGUED: Henderson; Hoy (Vol. X; Page 224)|
|36||05/22/2002 ORAL ARGUMENT WEBCAST|
|37||06/26/2002 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 6-25-02 (Entry Nos. 125 (orig. Execution); 128-139|
|38||08/29/2002 DISPOSITION: AFFIRMED/PT, REVERSED/PT|
|39||08/29/2002 UNANIMOUS OPINION: Kapsner, Carol Ronning|
|40||08/29/2002 Costs taxed in favor of Comstock Construction|
|42||09/24/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|43||10/08/2007 EXPUNGED - Nonpermanent record items destroyed|