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Kortum, et al. v. Johnson, et al.

Docket No. 20090275
Oral Argument: Tuesday, March 9, 2010 10:45am

Docket Info

Title
Cynthia Kortum and Cynthia
Kortum Enterprises, LTD., Plaintiffs and Appellants
v.
Steve Johnson, Theresa Johnson,
Tracy Martin, Michelle Radke-Hella
and Independent Family Doctors, LTD., Defendants and Appellees
Case Type
CIVIL APPEAL : CORPORATIONS
Appeal From
Case No. 05-C-04128
East Central Judicial District, Cass County
Steven L. Marquart
2010 ND 153786 N.W.2d 702
Oral Argument 3/9/2010

Highlight

Issues which are beyond the scope of a remand in a prior appeal will not be addressed in a subsequent appeal after remand.
Under the law of the case doctrine, a party cannot on a second appeal relitigate issues which were resolved by the Court in a first appeal or which would have been resolved had they been property presented in the first appeal.


Briefs

Filing Date Description
12/17/2009 APPELLANT BRIEF (e-filed) View
01/18/2010 APPELLEE BRIEF (e-filed) View
01/31/2010 REPLY BRIEF (e-filed) View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Sara Kaye Sorenson - 05826
APPELLANT PRIVATE PRACTICE Craig E Johnson - 03670
APPELLEE PRIVATE PRACTICE Brent Craig Johnson - 06602

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 09/23/2009 NOTICE OF APPEAL : 09/21/2009
2 09/23/2009 ORDER FOR TRANSCRIPT : 09/21/2009
3 10/22/2009 RECORD ON APPEAL and separates including exhibits & transcripts dated 12-27-05, 3-20 & 21-07.
4 10/22/2009 Not forwarded with the record were Nos. 40, 98, 116, 123 & 154 (Tapes)
5 11/07/2009 TRANSCRIPT DATED January 26, 2009 & C.O.S.
6 11/07/2009 DISK - tra (1-26-09) (e-mailed)
7 12/17/2009 APPELLANT BRIEF (e-filed) View
8 12/17/2009 E-FILED BRIEF (ATB)
9 12/17/2009 APPELLANT APPENDIX (e-filed) PDF
10 12/17/2009 E-FILED APPENDIX (ATA) PDF
11 12/18/2009 Received $25 e-filing surcharge for ATB (Receipt #19276).
12 12/23/2009 Received 7 copies of ATB from Central Duplicating
13 12/23/2009 Received 6 copies of ATA from Central Duplicating
14 01/18/2010 APPELLEE BRIEF (e-filed) View
15 01/19/2010 E-FILED BRIEF (AEB)
16 01/20/2010 Received $25 surcharge for AEB (Receipt #19308)
17 01/25/2010 Received 7 copies of AEB from Central Duplicating
18 01/31/2010 REPLY BRIEF (e-filed) View
19 01/31/2010 E-FILED BRIEF (RYB)
20 02/04/2010 Received 7 copies of RYB from CSD
21 02/16/2010 NOTICE OF ORAL ARGUMENT SENT
22 03/09/2010 APPEARANCES: Brent C. Johnson and Craig E. Johnson/Sara K. Sorenson
23 03/09/2010 ARGUED:Johnson; Johnson/Sorenson
24 03/09/2010 ORAL ARGUMENT WEBCAST
25 08/17/2010 DISPOSITION
26 08/17/2010 UNANIMOUS OPINION : Crothers, Daniel John View
27 08/17/2010 Costs on appeal taxed in favor of appellee
28 08/19/2010 Judgment Sent to Parties
29 09/20/2010 MANDATE
30 09/24/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
31 01/27/2021 EXPUNGED - Nonpermanent record items destroyed