Thimjon Farms Partnership, et al. v. First International Bank & Trust
- Thimjon Farms Partnership,
Troy Thimjon and Jay Thimjon, Plaintiffs and Appellants
First International Bank & Trust, Defendant and Appellee
Mark and Jerome Hagemeister d/b/a
Hagemeister Farms, Plaintiffs and Appellants
First International Bank & Trust Defendant and Appellee
- Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
Case No. 2011-CV-02178
East Central Judicial District, Cass County
Frank L. Racek
Interference with an existing contract is justified if done for legitimate business reasons and without malice.
Unlawful interference with business requires that the defendant committed a tortious or otherwise unlawful act independent of the interference.
Equitable or promissory estoppel requires reliance on the defendant's representation.
The essential element of recovery for unjust enrichment is the receipt of a benefit by a defendant which would be inequitable to retain without paying for its value.
A plaintiff claiming conversion must show he had an interest in the property at the time of the conversion that entitled him to possession.
Deceit requires misrepresentation inducing the plaintiff to alter his position to his detriment.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||12/14/2012||NOTICE OF APPEAL : 12/14/2012|
|2||12/14/2012||Received $125 filing fee. (Receipt #21621)|
|3||12/14/2012||ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning|
|4||01/14/2013||ELEC. RECORD (09-2011-CV-02178) ON APPEAL DATED JANUARY 11, 2013 (ENTRY NOS. 1-251)|
|5||01/14/2013||ELEC. RECORD (09-2012-CV-0513) ON APPEAL DATED JANUARY 11, 2013 (ENTRY NOS. 1-123)|
|6||01/29/2013||ELEC. 1st SUPP. RECORD ON APPEAL DATED January 28, 2013 (ENTRY NOS. 252-254)|
|7||01/31/2013||ELEC. 2nd SUPP. RECORD ON APPEAL DATED January 30, 2013 (ENTRY NOS. 255 - 256)|
|12||01/28/2013||received $99.50 surcharge for ATB and ATA (receipt #21678)|
|13||01/28/2013||received non substantive changes to ATB and ATA|
|14||02/04/2013||received 7 copies of ATB from Central Duplicating|
|15||02/04/2013||received 6 copies of ATA from Central Duplicating|
|16||02/21/2013||APPELLEE BRIEF AND ADDENDUM||View|
|18||03/06/2013||Rcv'd 8 corrected briefs (cites throughout)|
|22||03/15/2013||Rec'd 7 copies of RYB from Central Duplicating|
|23||03/18/2013||NOTICE OF ORAL ARGUMENT SENT|
|24||03/19/2013||SITTING WITH THE COURT : Foughty, Donovan John|
|25||04/23/2013||APPEARANCES: Todd Zimmerman, Aubrey Fiebelkorn-Zuger, Jonathan Fay/Jon Brakke|
|27||04/23/2013||ORAL ARGUMENT WEBCAST|
|29||09/06/2013||SPLIT OPINION : Crothers, Daniel John||View|
|30||09/06/2013||(CONCURRING IN PART AND DISSENTING IN PART) : VandeWalle, Gerald W.|
|31||09/06/2013||(JOINED CONCURRING IN PART AND DISSENTING IN PART) : Foughty, Donovan John|
|32||09/06/2013||Costs on appeal taxed in favor of appellee|
|33||09/06/2013||Judgment E-Mailed to Parties|
|34||09/20/2013||PETITION FOR REHEARING (PDF)||View|
|36||09/24/2013||Rec'd 7 copies of PER from Central Duplicating|
|37||10/31/2013||ACTION BY SUPREME COURT - Denied|
|38||11/19/2013||Corrected/Substitute Opinion Page|