Guthmiller Farms v. Guthmiller, et al.
Docket No. 20130156
Oral Argument:
Monday, November 18, 2013 10:45am
Docket Info
- Title
- Guthmiller Farms, LLP, Plaintiff and Appellee
v.
Eugene Guthmiller,
Charlene Guthmiller,
and Jeremy E. Guthmiller Defendants
-------
Eugene Guthmiller and
Charlene Guthmiller Appellants
--------
Jeremy E. Guthmiller Appellee - Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
-
Case No. 2011-CV-00030
Southeast Judicial District, Kidder County
Thomas J. Schneider
2013 ND 248840 N.W.2d 636
Oral Argument
11/18/2013
Highlight
A limited liability partnership that loses its registration is still a partnership for the purposes of conducting business. A successor partnership has the ability to sue and be sued in the name of the partnership under N.D.C.C. 45-15-07.
A consideration clause in an agreement is presumptive evidence that consideration exists for the agreement.
Consideration may be executed or executory in whole or in part, so long as it was given in consideration of the agreement at issue.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/21/2013 | NOTICE OF APPEAL : 05/21/2013 | |
| 2 | 05/21/2013 | ORDER FOR TRANSCRIPT : 05/21/2013 | |
| 3 | 05/30/2013 | Acknowledgment of Order for Transcripts from Jane Gillig-Hoekstra | |
| 4 | 06/20/2013 | ELEC. RECORD ON APPEAL DATED June 19, 2013 (ENTRY NOS. 1-63) | |
| 5 | 07/10/2013 | TRANSCRIPTS DATED AUGUST 6, 2012 and JANUARY 25, 2013 & C.O.S. | |
| 6 | 07/10/2013 | DISK-Transcripts dated August 6, 2012 and January 25, 2013(e-mailed) | |
| 7 | 07/11/2013 | ELEC. SUPP. RECORD ON APPEAL DATED July 11, 2013 (ENTRY NOS. 64-65) | |
| 8 | 08/19/2013 | APPELLANT BRIEF (EFB) | View |
| 9 | 08/19/2013 | E-FILED BRIEF (PDF) | |
| 10 | 08/19/2013 | APPELLANT APPENDIX | |
| 11 | 08/19/2013 | E-FILED APPENDIX | |
| 12 | 08/22/2013 | Rcv'd $25 surcharge for ATB (receipt #22033) | |
| 13 | 08/23/2013 | Rcv'd 7 copies of ATB & 6 copies of ATA from CSD | |
| 14 | 08/28/2013 | ELEC. 2nd SUPP. RECORD ON APPEAL DATED AUGUST 28, 2013 (ENTRY NOS. 66-73) | |
| 15 | 08/30/2013 | ELEC. 3rd SUPP. RECORD ON APPEAL DATED AUGUST 30, 2013 (ENTRY NOS. 74-76) | |
| 16 | 09/16/2013 | Non-compliant AEB received from (Guthmiller Farms), given 5 days to file compliant brief (sections) | |
| 17 | 09/17/2013 | Received $25 surcharge for AEB(Guthmiller Farms) (receipt #22223) | |
| 18 | 09/18/2013 | APPELLEE BRIEF (Jeremy Guthmiller) | View |
| 19 | 09/18/2013 | APPELLEE APPENDIX | |
| 20 | 09/18/2013 | DISK(AEB)(e-mailed) | |
| 21 | 09/23/2013 | APPELLEE BRIEF(Guthmiller Farms)(PDF) | View |
| 22 | 09/23/2013 | E-FILED BRIEF (PDF) | |
| 23 | 09/25/2013 | Received 7 copies of AEB back from CSD | |
| 24 | 09/27/2013 | ELEC. 4TH SUPP. RECORD ON APPEAL DATED SEPTEMBER 26, 2013 (ENTRY NOS.77-83) | |
| 25 | 10/07/2013 | Received non-compliant RYB; sent back for corrections. (word limit) | |
| 26 | 10/09/2013 | REPLY BRIEF (PDF) | View |
| 27 | 10/09/2013 | E-FILED BRIEF (PDF) | |
| 28 | 10/09/2013 | Rcv'd 7 copies of RYB from CSD | |
| 29 | 10/11/2013 | ELEC. 5TH SUPP. RECORD ON APPEAL DATED OCTOBER 10, 2013 (ENTRY NOS. 84-95) | |
| 30 | 10/21/2013 | NOTICE OF ORAL ARGUMENT SENT | |
| 31 | 11/07/2013 | Charles Edin, on behalf of Jeremy Guthmiller, will not be appearing for oral argument | |
| 32 | 11/15/2013 | ELEC. 6TH SUPP. RECORD ON APPEAL DATED NOVEMBER 14, 2013 (ENTRY NOS.96-99) | |
| 33 | 11/18/2013 | APPEARANCES: Thomas M. Jackson; Malcolm H. Brown; Paul Forster | |
| 34 | 11/18/2013 | ARGUED: Thomas M. Jackson; Paul Forster | |
| 35 | 11/18/2013 | ORAL ARGUMENT WEBCAST | |
| 36 | 12/09/2013 | MOTION FOR Stay by Appellants | |
| 37 | 12/09/2013 | E-FILED MOTION | |
| 38 | 12/10/2013 | Copy of September 13, 2013 district court transcript of motion to stay | |
| 39 | 12/10/2013 | Joinder & Revised Joinder in Motion for Stay by Appellee Jeremy Guthmiller | |
| 40 | 12/13/2013 | Response in Opposition to Motion for Stay of Judgment | |
| 41 | 12/13/2013 | EFILED RESPONSE | |
| 42 | 12/19/2013 | ACTION BY SUPREME COURT - Denied | |
| 43 | 12/19/2013 | DISPOSITION | |
| 44 | 12/19/2013 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 45 | 12/19/2013 | Costs on appeal taxed in favor of Appellee | |
| 46 | 12/20/2013 | Judgment Sent to Parties | |
| 47 | 01/22/2014 | MANDATE | |
| 48 | 01/27/2014 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 49 | 12/17/2021 | EXPUNGED - Nonpermanent record items destroyed |