Broten, et al. v. Broten
Docket No. 20160151
Oral Argument:
Monday, November 14, 2016 10:45am
Docket Info
- Title
- Louise Broten and Linda Schuler, in their
individual capacities and as co-Personal
Representatives of the Estate of Helen
Broten, deceased, Plaintiffs and Appellees
v.
James Broten, in his individual capacity,
and as Personal Representative of the Estate
of Olaf Broten, deceased, Defendant and Appellant - Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
-
Case No. 2011-CV-00042
Southeast Judicial District, Barnes County
Jay A. Schmitz
2017 ND 47890 N.W.2d 847
Oral Argument
11/14/2016
Highlight
An unjust enrichment claim is fully reviewable on appeal, and the essential element in recovering under the theory is the receipt of a benefit by the defendant from the plaintiff which would be inequitable to retain without paying for its value.
A court's findings of fact supporting its unjust enrichment determination are subject to the clearly erroneous standard of review.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 04/25/2016 | NOTICE OF APPEAL : 04/25/2016 | |
| 2 | 04/25/2016 | ORDER FOR TRANSCRIPT : 05/03/2016 | |
| 3 | 04/26/2016 | Rec'd $125 filing fee (receipt #24366) | |
| 4 | 04/26/2016 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 04/26/2016 | Notice served on Douglas W. Murch and David J. Smith | |
| 6 | 05/24/2016 | ELEC. RECORD ON APPEAL DATED MAY 23, 2016 (ENTRY NOS. 1-18, 21-207, 209-237) | |
| 7 | 06/21/2016 | ELECTRONIC TRANSCRIPT DATED DECEMBER 18, 2016 & C.O.S. | |
| 8 | 07/28/2016 | APPELLANT BRIEF (PDF) | View |
| 9 | 07/28/2016 | E-FILED BRIEF (PDF) | |
| 10 | 07/28/2016 | APPELLANT APPENDIX | |
| 11 | 07/28/2016 | E-FILED APPENDIX | |
| 12 | 08/01/2016 | Received ATB $25 e-filing surcharge (Receipt #24559) | |
| 13 | 08/03/2016 | Received 7 copies of the ATB from Central Duplicating | |
| 14 | 08/03/2016 | Received 6 copies of the ATA from Central Duplicating | |
| 15 | 08/29/2016 | APPELLEE BRIEF (PDF) | View |
| 16 | 08/29/2016 | E-FILED BRIEF (PDF) | |
| 17 | 08/30/2016 | Rec'd $25 e-filing surcharge (receipt #24758) | |
| 18 | 08/30/2016 | Rec'd 7 copies of AEB from Central Duplicating | |
| 19 | 09/09/2016 | REPLY BRIEF (PDF) | View |
| 20 | 09/09/2016 | E-FILED BRIEF (PDF) | |
| 21 | 09/13/2016 | Rec'd 7 copies of RYB from Central Duplicating | |
| 22 | 10/13/2016 | NOTICE OF ORAL ARGUMENT SENT | |
| 23 | 11/14/2016 | APPEARANCES: Douglas W. Murch; David J. Smith | |
| 24 | 11/14/2016 | ARGUED: Douglas W. Murch; David J. Smith | |
| 25 | 11/14/2016 | ORAL ARGUMENT WEBCAST | |
| 26 | 02/28/2017 | ANNOUNCED DISQUALIFICATION : Tufte, Jerod E. | |
| 27 | 02/28/2017 | SITTING WITH THE COURT : Sandstrom, Dale V. | |
| 28 | 03/07/2017 | DISPOSITION (AND REMANDED) | |
| 29 | 03/07/2017 | UNANIMOUS OPINION : Kapsner, Carol Ronning | View |
| 30 | 03/07/2017 | CONCUR IN THE RESULT : Sandstrom, Dale V. | |
| 31 | 03/07/2017 | By order of the court neither party have and recover costs and disbursements | |
| 32 | 03/08/2017 | Judgment Sent to Parties | |
| 33 | 03/29/2017 | MANDATE | |
| 34 | 08/02/2022 | EXPUNGED - Nonpermanent record items destroyed |