Carlson v. Carlson, et al.
Docket Info
- Title
- Gerald F. Carlson, Plaintiff, Appellant and Cross-Appellee
v.
Marlys Jane Carlson, Defendant and Appellee and
Mylee Redlin, Defendant, Appellee and Cross-Appellant - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 08-C-00036
Southeast Judicial District, Stutsman County
John E. Greenwood
Highlight
Relations among the partners and between the partners and the partnership are governed by the partnership agreement, and the default provisions of N.D.C.C. 45-16-01 setting out a partner's rights and duties do not apply if the partners have otherwise provided for those matters.
The failure to make annual claims or accountings for unequal contributions and benefits is indicative the partners did not intend to equalize them.
The trial court's findings of fact must reflect the basis of its decision and must enable the appellate court to understand its reasoning.
A valid, presently enforceable debt against the transferor is an essential element of an action to set aside a fraudulent transfer under the Uniform Fraudulent Transfer Act, N.D.C.C. ch. 13-02.1.
During any transaction connected with conduct of the partnership, a partner has a fiduciary duty to act with utmost good faith and loyalty to the partnership and the other partners.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 09/24/2010 | NOTICE OF APPEAL : 09/23/2010 | |
2 | 09/24/2010 | ORDER FOR TRANSCRIPT : 09/23/2010 | |
3 | 09/27/2010 | --- CONSOLIDATED W/20100319 (make all entries except ROA, DIS & MAN in this case) | |
4 | 09/29/2010 | Acknowledgment of Order for Trancript and Appeal & RETENTION OF RECORD ON APPEAL : 11/12/2010 | |
5 | 10/26/2010 | NOTICE OF CROSS APPEAL FILED IN THE TRIAL COURT 10/25/10. | |
6 | 11/09/2010 | TRANSCRIPT DATED May 13, 2009 - May 15, 2009, & June 28, 2009, & C.O.S. | |
7 | 11/09/2010 | DISK-TRA (2 volumes) dated May 13, 2009 - May 15, 2009 and June 28, 2009). e-mailed | |
8 | 11/18/2010 | RECORD ON APPEAL and separates (entry nos. 1-199 hard file) (entry nos. 200-236 electronic) | |
9 | 12/16/2010 | ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning | |
10 | 12/16/2010 | CLERK'S SUPPLEMENTAL CERTIFICATE OF ELECTRONIC RECORD ON APPEAL DATED 12/16/10 (ENTRY NOS. 237-24). | |
11 | 12/20/2010 | APPELLANT BRIEF | View |
12 | 12/20/2010 | APPELLANT APPENDIX | |
13 | 12/30/2010 | DISK-ATB (CORRECTED) (E-MAILED) | |
14 | 01/03/2011 | REC'D CORRECTED TITLE PAGES FOR ATB & ATA. | |
15 | 01/19/2011 | MOT. EXT/TIME APPELLEE BRIEF (e-filed) | |
16 | 01/19/2011 | E-FILED MOTION (Mot/Ext/AEB) | |
17 | 01/19/2011 | ACTION BY CLERK (Mot/Ext/AEB) - Granted : 01/24/2011 | |
18 | 01/24/2011 | APPELLEE BRIEF | View |
19 | 01/24/2011 | DISK-AEB (CD-ROM) | |
20 | 01/26/2011 | Letter dated 1/25/11 indicating Marlys J. Carlson adopts brief of Appellee Gary L. Carlson. | |
21 | 01/31/2011 | Rec'd 8 copies of corrected table of contents and electronic copy of AEB. | |
22 | 02/11/2011 | REPLY BRIEF | View |
23 | 02/11/2011 | DISK-RYB (E-MAIL) | |
24 | 02/15/2011 | NOTICE OF ORAL ARGUMENT SENT | |
25 | 02/18/2011 | SITTING WITH THE COURT : Graff, Benny A. | |
26 | 03/31/2011 | APPEARANCES: Kip M. Kaler; Monte L. Rogneby and Mandy R. Maxon | |
27 | 03/31/2011 | ARGUED: Kaler; Rogneby | |
28 | 03/31/2011 | ORAL ARGUMENT WEBCAST | |
29 | 06/06/2011 | MOTION FOR SUBSTITUTION OF PARTY FOR GARY L. CARLSON | |
30 | 06/06/2011 | E-FILED MOTION | |
31 | 06/07/2011 | ACTION BY CLERK (MOT FOR SUBSTITUTION) - Granted | |
32 | 08/22/2011 | DISPOSITION (Affirmed in part, vacated in part, and reversed and remanded in part) | |
33 | 08/22/2011 | UNANIMOUS OPINION : Crothers, Daniel John | View |
34 | 08/22/2011 | Neither party have and recover costs and disbursements in this appeal | |
35 | 08/26/2011 | Judgment Sent to Parties | |
36 | 09/06/2011 | Mot. Ext/Time Petition for Rehearing | |
37 | 09/06/2011 | E-FILED MOTION (MPR) | |
38 | 09/06/2011 | ACTION BY CLERK (MPR) - Granted : 09/09/2011 | |
39 | 09/06/2011 | PETITION FOR REHEARING (Entitled "Petition for Reconsideration") | View |
40 | 09/06/2011 | DISK - PER (e-mailed) | |
41 | 09/19/2011 | ACTION BY SUPREME COURT - Denied | |
42 | 09/29/2011 | MANDATE | |
43 | 10/04/2011 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
44 | 04/02/2021 | EXPUNGED - Nonpermanent record items destroyed |