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