Karsky v. Kirby, et al.
Docket No. 20030354
Oral Argument:
Tuesday, May 18, 2004 9:30am
Docket Info
- Title
- Timothy J. Karsky, in
his official capacities
as Commissioner of the
North Dakota Department
of Financial Institutions,
and as Conservator of
NoDak State Trust Company, Plaintiff and Appellee
v.
Jane Dorothea Kirby, an
individual person, Defendant and Appellant
and
Dr. Thomas J. Clifford,
in his capacity as
president of NoDak State
Trust Company, Defendant - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 02-C-01152
South Central Judicial District, Burleigh County
Burt L. Riskedahl
2004 ND 110680 N.W.2d 257
Oral Argument
5/18/2004
Highlight
When a stipulation is incorporated into a judgment, the court is concerned only with interpretation and enforcement of the judgment, not with the underlying contract.
The right to a hearing from the Banking Board's denial of an application for transfer of the ownership of a banking institution can be waived by the parties.
When a judgment is clarified by the same trial judge who entered it, the clarification is entitled to considerable deference.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 12/05/2003 | NOTICE OF APPEAL : 12/04/2003 | |
| 2 | 12/11/2003 | Copy of Order Not to Require Transcript on Appeal | |
| 3 | 12/31/2003 | RECORD ON APPEAL (2 volumes & separates)(not rec'd - steno notes) | |
| 4 | 01/13/2004 | APPELLANT APPENDIX | |
| 5 | 01/14/2004 | MOT. EXT/TIME APPELLANT BRIEF (sua sponte) | |
| 6 | 01/14/2004 | ACTION BY CLERK (sua sponte) - Granted : 01/14/2004 | |
| 7 | 01/14/2004 | Corrected TOC & copy of NOA for ATA | |
| 8 | 01/14/2004 | APPELLANT BRIEF | View |
| 9 | 01/14/2004 | DISK - atb | |
| 10 | 02/17/2004 | APPELLEE BRIEF | View |
| 11 | 02/17/2004 | APPELLEE APPENDIX | |
| 12 | 02/17/2004 | DISK (e-filed) AEB | |
| 13 | 02/18/2004 | Additional copy of Appellee's Supplemental Appendix | |
| 14 | 03/29/2004 | Letter request for continuance of oral argument (via fax) | |
| 15 | 03/29/2004 | ACTION BY CHIEF JUSTICE - Granted | |
| 16 | 05/18/2004 | APPEARANCES: Thomas D. Kelsch; Scott A. Miller, Bruce Entringer, Asst. Comm'n for Dept. of | |
| 17 | 05/18/2004 | Financial Institutions | |
| 18 | 05/18/2004 | ARGUED: Kelsch; Miller (Vol. Y; Page 243) | |
| 19 | 05/18/2004 | ORAL ARGUMENT WEBCAST | |
| 20 | 06/03/2004 | DISPOSITION | |
| 21 | 06/03/2004 | UNANIMOUS OPINION : Neumann, William A. | View |
| 22 | 06/03/2004 | Costs on appeal awarded in favor of the Appellee | |
| 23 | 06/07/2004 | Order/Judgment Mailed to Parties | |
| 24 | 07/02/2004 | MANDATE | |
| 25 | 07/08/2004 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |