Pifer v. McDermott
Docket No. 20130027
Oral Argument:
Monday, June 17, 2013 9:00am
Docket Info
- Title
- Kevin Pifer, Plaintiff and Appellee
v.
Barbara McDermott, Defendant and Appellant - Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
-
Case No. 2010-CV-01940
Northeast Central Judicial District, Grand Forks County
Lawrence E. Jahnke
2013 ND 153836 N.W.2d 432
Oral Argument
6/17/2013
Highlight
A person may gift an option to purchase real property.
If no consideration is given for an option, the option may be withdrawn at any time before acceptance.
An option to purchase real property given without consideration is valid and enforceable if the option agreement was unconditionally accepted within the time prescribed therein and no attempt was made to withdraw it before acceptance.
Courts, whether trial or appellate, have no duty to search the record for evidence that might defeat a summary judgment motion.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 01/30/2013 | NOTICE OF APPEAL : 01/25/2013 | |
2 | 01/30/2013 | ORDER FOR TRANSCRIPT : 01/25/2013 | |
3 | 02/08/2013 | Motion for Expedited Review of Appeal from Order for Temporary Injunction | |
4 | 02/08/2013 | E-FILED MOTION | |
5 | 02/13/2013 | ACTION BY SUPREME COURT - Denied | |
6 | 02/07/2013 | AMENDED ORDER FOR TRANSCRIPT FILED 1/29/2013 IN THE TRIAL COURT | |
7 | 02/22/2013 | ELEC. RECORD ON APPEAL DATED February 21, 2013 (ENTRY NOS. 1-490) | |
8 | 03/05/2013 | AMENDED ELEC. RECORD ON APPEAL DATED March 4, 2013 (ENTRY NOS. 1-485 & 487-491) | |
9 | 03/13/2013 | TRANSCRIPTS DATED NOVEMBER 13, 2012 AND NOVEMBER 14, 2012 & C.O.S. | |
10 | 03/13/2013 | DISK-Transcripts dated November 13 & 14, 2012(e-mailed) | |
11 | 04/19/2013 | Second Notice of Appeal filed in District Court April 19, 2013 | |
12 | 04/22/2013 | ELEC. SUPP. RECORD ON APPEAL DATED APRIL 19, 2013 (ENTRY NOS. 1-495) ITEMS NOT SENT 486 | |
13 | 04/22/2013 | APPELLANT BRIEF | View |
14 | 04/22/2013 | E-FILED APPENDIX | |
15 | 04/22/2013 | APPELLANT APPENDIX | |
16 | 04/22/2013 | E-FILED APPENDIX | |
17 | 04/23/2013 | AMENDED ELEC. SUPP. RECORD ON APPEAL DATED APRIL 23, 2013 (ENTRY NOS.1-485 & 487-496) | |
18 | 04/23/2013 | (ITEMS DELETED 486) | |
19 | 04/23/2013 | Rec'd $25 surcharge for ATB & ATA (receipt #21816) | |
20 | 04/26/2013 | Rec'd 7 copies of the ATB & 6 copies of the ATA from Central Duplicating | |
21 | 05/16/2013 | NOTICE OF ORAL ARGUMENT SENT | |
22 | 05/21/2013 | APPELLEE BRIEF | View |
23 | 05/21/2013 | E-FILED BRIEF | |
24 | 05/21/2013 | APPELLEE APPENDIX | |
25 | 05/21/2013 | E-FILED APPENDIX | |
26 | 05/24/2013 | received 7 copies of AEB and 6 copies of ATA from CSD | |
27 | 05/24/2013 | received $57 surcharge for AEB and Appendix (receipt #21872) | |
28 | 06/04/2013 | REPLY BRIEF (PDF) | View |
29 | 06/04/2013 | E-FILED BRIEF (PDF) | |
30 | 06/06/2013 | Rcv'd 7 copies of RYB from CSD | |
31 | 06/17/2013 | APPEARANCES: DeWayne A. Johnston; Jacey L. Johnston; Roger J. Minch | |
32 | 06/17/2013 | ARGUED: DeWayne A. Johnston; Roger J. Minch | |
33 | 06/17/2013 | ORAL ARGUMENT WEBCAST | |
34 | 08/29/2013 | DISPOSITION | |
35 | 08/29/2013 | UNANIMOUS OPINION : Crothers, Daniel John | View |
36 | 08/29/2013 | Costs on appeal taxed in favor of Appellee | |
37 | 08/30/2013 | Judgment Sent to Parties | |
38 | 09/06/2013 | Mot. Ext/Time Petition for Rehearing | |
39 | 09/06/2013 | E-FILED MOTION | |
40 | 09/06/2013 | ACTION BY CLERK - Granted : 09/17/2013 | |
41 | 09/10/2013 | MOTION FOR Leave to Withdraw as Counsel of Record | |
42 | 09/10/2013 | Mot. Ext/Time Petition for Rehearing (by Appellant, acting pro se) | |
43 | 09/11/2013 | ACTION BY CHIEF JUSTICE (ext. PER) - Granted : 10/14/2013 | |
44 | 09/11/2013 | ACTION BY CHIEF JUSTICE (withdraw counsel) - Granted | |
45 | 10/08/2013 | Corrected Opinion Page (NW Citation change in paragraph No.31, line 9) | |
46 | 10/08/2013 | Notice of Appearance by Zachary Pelham and Meredith Vukelic as Appellant's counsel | |
47 | 10/08/2013 | Mot. Ext/Time Petition for Rehearing | |
48 | 10/08/2013 | E-FILED MOTION | |
49 | 10/09/2013 | ACTION BY CHIEF JUSTICE - Granted : 10/28/2013 | |
50 | 10/09/2013 | No further extensions for a Petition for Rehearing are to be granted | |
51 | 10/11/2013 | 2nd ELEC. SUPP. RECORD ON APPEAL DATED 10/10/2013 (ENTRY NOS.497-499 ) | |
52 | 10/28/2013 | MOTION FOR ADMISSION JOHN V. SISKOPOULOS PRO HAC VICE | |
53 | 10/28/2013 | Affidavit of John V. Siskopoulos in Support of Admission to Practice Pro Hac Vice | |
54 | 10/28/2013 | ACTION BY CLERK - Granted | |
55 | 10/28/2013 | PETITION FOR REHEARING | View |
56 | 10/28/2013 | CD-ROM (hand delivered) | |
57 | 11/08/2013 | Emergency Motion for an Order to Hold Execution of the Judgment in Abeyance | |
58 | 11/08/2013 | ACTION BY ACTING CHIEF JUSTICE MARING - Granted | |
59 | 11/13/2013 | RESPONSE to Emergency Motion | |
60 | 11/19/2013 | REPLY to Response | |
61 | 11/21/2013 | ACTION BY SUPREME COURT - Denied | |
62 | 11/21/2013 | MANDATE | |
63 | 11/25/2013 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
64 | 12/06/2013 | MOTION FOR Stay to File Petition to U.S. Supreme Court | |
65 | 12/06/2013 | NO ACTION TAKEN | |
66 | 02/28/2014 | Notice of filing Petition for Writ of Certiorari to U.S. Supreme Court February 21, 2014 | |
67 | 05/01/2014 | LETTER FROM U.S. SUPREME COURT DENYING PETITION FOR WRIT OF CERTIORARI | |
68 | 11/01/2021 | EXPUNGED - Nonpermanent record items destroyed |