Mullin, et al. v. Pendlay
Docket No. 20220148
Oral Argument:
Tuesday, September 20, 2022 2:45 PM
Docket Info
- Title
- Clinton R. Mullin and Valrena M. Nelson, Plaintiffs and Appellants
v.
Elizabeth L. Pendlay, Defendant and Appellee - Case Type
- CIVIL APPEAL : MALPRACTICE
- Appeal From
-
Case No. 2020-CV-00013
Northwest Judicial District, Divide County
Lindsey Renee Nieuwsma
2022 ND 205982 N.W.2d 330
Oral Argument
9/20/2022
Highlight
Common law theory of imposing a trust based upon a confidential relationship is still present in North Dakota law.
To successfully plead the defense of unclean hands/illegality the defendant must not have been a participant in the unlawful act.
When it is alleged that an attorney negligently failed to perform some act on behalf of the client, the plaintiff must allege and prove performance of the act would have benefited the client.
If a party fails to provide supporting argument for an issue listed in their brief, they are deemed to have waived that issue.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/19/2022 | NOTICE OF APPEAL : 05/19/2022 | |
| 2 | 05/24/2022 | Filing fee has been rec'd | |
| 3 | 05/24/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 05/24/2022 | Notice Served on Alan Baker/Richard J. Thomas & Chris G. Angell | |
| 5 | 06/20/2022 | ELEC. RECORD ON APPEAL DATED JUNE 17, 2022 (ENTRY NOS.1-313, 336-380). Deleted Entry Nos. 314-335. | |
| 6 | 06/27/2022 | APPELLANT BRIEF | View |
| 7 | 06/27/2022 | Oral Argument Request by Appellant | |
| 8 | 06/27/2022 | Rec'd requested corrections to ATB & proof of service | |
| 9 | 07/06/2022 | Rec'd copies of ATB from Central Duplicating | |
| 10 | 07/21/2022 | MOTION FOR ADDITIONAL PAGES IN BRIEF BY APPELLEE | |
| 11 | 07/22/2022 | ACTION BY CHIEF JUSTICE (no longer than 50 pages) - Granted | |
| 12 | 07/27/2022 | Non-compliant AEB rec'd (out of state attorney not in compliance) Given until 8/1/22 to comply | |
| 13 | 07/27/2022 | APPELLEE BRIEF | View |
| 14 | 07/27/2022 | Oral Argument Request by Appellee | |
| 15 | 07/28/2022 | Updated Affidavit from Chris G. Angell for pro hac vice appearance | |
| 16 | 07/29/2022 | Rec'd copies of AEB from Central Duplicating | |
| 17 | 08/09/2022 | REPLY BRIEF | View |
| 18 | 08/10/2022 | Rec'd corrected certificate of service for reply brief | |
| 19 | 08/11/2022 | Rec'd copies of RYB from Central Duplicating | |
| 20 | 08/18/2022 | NOTICE OF ORAL ARGUMENT SENT | |
| 21 | 09/20/2022 | APPEARANCES: Appellant waived under N.D.R.App.P. 34(e); Richard J. Thomas | |
| 22 | 09/20/2022 | ARGUED: Appellant waived under N.D.R.App.P. 34(e); Richard J. Thomas | |
| 23 | 09/20/2022 | ORAL ARGUMENT WEBCAST | |
| 24 | 11/23/2022 | DISPOSITION | |
| 25 | 11/23/2022 | UNANIMOUS OPINION : Jensen, Jon J. | View |
| 26 | 11/23/2022 | Judgment | View |
| 27 | 11/23/2022 | Costs taxed in favor of Appellee | |
| 28 | 12/06/2022 | PETITION FOR REHEARING (AMENDED PETITION FOR REHEARING FILED 12/7/22) | |
| 29 | 12/07/2022 | Rec'd corrections to PER | |
| 30 | 12/07/2022 | PETITION FOR REHEARING | View |
| 31 | 12/09/2022 | Rec'd copies of PER from Central Duplicating | |
| 32 | 12/21/2022 | ACTION BY SUPREME COURT - Denied | View |
| 33 | 12/29/2022 | MANDATE | |
| 34 | 03/01/2023 | Corrected/Substitute Opinion Page (Pg 4, para 10, ln 5 "GMD" corrected to "GMR") |