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A.G. Golden, et al. v. SM Energy Company

Docket No. 20120265
Oral Argument: Thursday, November 8, 2012 2:45pm

Docket Info

Title
A.G. Golden; Paul E. Nordstog; Cooper
B. Land; Solveig K. Land; Howard D.
Armentrout and Delores K. Armentrout,
as Co-Trustees of the Armentrout Family
Revocable Living Trust dated May 24,
2005; Craig L. Bolenbaugh, and Joseph
Michael Bolenbaugh, Peter Francis
Bolenbaugh, and James Patrick
Bolenbaugh, as joint tenants; and Royalty
Interest Partnership, LP, Plaintiffs and Appellees
v.
SM Energy Company, a Delware
corporation, Defendant and Appellant
Case Type
CIVIL APPEAL : REAL PROPERTY
Appeal From
Case No. 10-C-00024
Northwest Judicial District, McKenzie County
David W. Nelson
2013 ND 17826 N.W.2d 610
Oral Argument 11/8/2012

Highlight

An area of mutual interest clause is not a covenant that runs with the land, but is a personal covenant that is enforceable only between the original parties to the agreement.
An assignment is an expression of intention by the assignor that his duty shall immediately pass to the assignee, and the benefitted party's consent to the transfer can be manifested either expressly or by implication.
An assignee is responsible only for the obligations of the assignor which the assignee contracts to undertake.
A district court cannot grant relief on the basis of issues that are neither pleaded nor voluntarily litigated.
A well operator is not automatically insulated from liability for underpayment of royalties simply because the incorrect payments were made in accordance with an executed division order.

Briefs

Filing Date Description
08/29/2012 APPELLANT BRIEF View
09/28/2012 APPELLEE BRIEF AND ADDENDUM View
10/11/2012 REPLY BRIEF and ADDENDUM View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Not Licensed in ND - 00002
APPELLEE PRIVATE PRACTICE Jillian Rene Rupnow - 06937
APPELLEE PRIVATE PRACTICE Amy Lynn De Kok - 06973
APPELLANT PRIVATE PRACTICE Not Licensed in ND - 00002
APPELLEE PRIVATE PRACTICE Lawrence Bender - 03908
APPELLANT PRIVATE PRACTICE Harry Malcolm Pippin - 04682

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

Seq. # Filing Date Description Attachment
1 06/07/2012 NOTICE OF APPEAL : 06/05/2012
2 06/07/2012 ORDER FOR TRANSCRIPT : 06/05/2012
3 06/07/2012 ANNOUNCED DISQUALIFICATION : Crothers, Daniel John
4 06/27/2012 Updated affidavit of David R. Hammond received (pro hac vice)
5 07/05/2012 ELEC. RECORD ON APPEAL DATED 07/03/2012 (ENTRY NOS.1-104)
6 07/12/2012 MOTION FOR PRO HAC VICE W/SUPPORTING AFFIDAVIT
7 07/21/2012 TRANSCRIPT DATED 01/30/2012 & C.O.S.
8 07/21/2012 DISK- Transcript dated 01/30/2012 (e-mailed)
9 08/29/2012 APPELLANT BRIEF View
10 08/29/2012 APPELLANT APPENDIX
11 08/30/2012 DISK-ATB (CD-ROM)
12 08/30/2012 ACTION BY CLERK (MOTION FOR PRO HAC VICE)
13 09/27/2012 RECEIVED $25 E-FILING SURCHARGE FOR AEB (RECEIPT #21522)
14 09/28/2012 APPELLEE BRIEF AND ADDENDUM View
15 09/28/2012 E-FILED BRIEF
16 09/28/2012 APPELLEE APPENDIX
17 09/28/2012 E-FILED APPENDIX
18 10/03/2012 RECEIVED NON-SUBSTANTIVE CORRECTIONS TO AEB & AEA
19 10/04/2012 RECEIVED 7 COPIES OF AEB FROM CENTRAL DUPLICATING
20 10/04/2012 RECEIVED 6 COPIES OF AEA FROM CENTRAL DUPLICATING
21 10/11/2012 REPLY BRIEF and ADDENDUM View
22 10/11/2012 Supplemental Appendix
23 10/11/2012 DISK-RYB and Addendum
24 10/15/2012 Rec'd 8 copies of RYB w/non-substantive changes to the footnote font size
25 10/15/2012 DISK-Corrected RYB and Addendum
26 10/18/2012 NOTICE OF ORAL ARGUMENT SENT
27 10/18/2012 SITTING WITH THE COURT : McEvers, Lisa K. Fair
28 10/19/2012 ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V.
29 10/19/2012 SITTING WITH THE COURT : Hodny, William F.
30 11/08/2012 APPEARANCES: H. Malcolm Pippin;David R. Hammond; Amy De Kok & Jillian Rupnow
31 11/08/2012 ARGUED: David R. Hammond; Amy De Kok
32 11/08/2012 ORAL ARGUMENT WEBCAST
33 02/01/2013 DISPOSITION (AND REMANDED)
34 02/01/2013 UNANIMOUS OPINION : VandeWalle, Gerald W. View
35 02/10/2013 Costs on appeal not taxed against either party
36 02/04/2013 Judgment Sent to Parties
37 03/01/2013 MANDATE
38 03/11/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
39 09/29/2021 EXPUNGED - Nonpermanent record items destroyed