Open Road Trucking v. Swanson, et al.
- Open Road Trucking, LLC, as Assignee of
Leland A. Swanson, as Assignee of
Western State Bank, Plaintiff and Appellant
Leland A. Swanson, Defendant
James B. Lund, Defendant and Appellee
- Case Type
- CIVIL APPEAL : DEBTOR/CREDITOR
- Appeal From
Case No. 2018-CV-03168
East Central Judicial District, Cass County
Steven L. Marquart
Parties' Statement of Issues
1) Whether the District Court erred in holding that payment of a judgment and taking an assignment extinguishes the judgment preventing its use to levy on a contribution claim against a non-paying joint and several judgment debtor.
2) Whether a judgment entered against jointly and severally liable defendants with their express consent precludes rebuttal of the presumption of equal responsibility between joint and several judgment obligors.
3) Whether the District Court abused its discretion in refusing to grant charging orders on the consent Judgment after it was paid and assigned to Assignee.
1. Whether the district court erred in granting James B. Lund’s Motion to Satisfy Judgment when the judgment had been paid in full prior to its assignment?
2. Whether North Dakota law allows for assignment of a contribution claim when the judgment has been fully paid and a joint debtor has initiated a contribution claim in a separate action?
Open Road Trucking, LLC, appeals after its application for a charging order lien against James Lund was denied.
In 2018, Western State Bank sued Leland Swanson and Lund to enforce commercial guaranties executed by Swanson and Lund on behalf of a limited liability company. A $1,334,374.25 judgment was entered against Swanson and Lund. Swanson paid the judgment in full, and in return, Western State Bank assigned its judgment rights Swanson. Swanson then assigned his $670,952.24 right of contribution against Lund to Open Road Trucking.
Open Road Trucking applied for a $670,952.24 charging order against Lund’s transferrable interests in certain limited liability companies. In response, Lund argued Open Road was not entitled to a charging order because Swanson paid the full amount of the judgment debt to Western State Bank and therefore, the judgment was satisfied. After a hearing, the district court denied Open Road’s application for a charging order and ruled the judgment against Swanson and Lund was satisfied.
On appeal, Open Road argues the district court’s decision on the application for a charging order was wrong.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||03/19/2019||NOTICE OF APPEAL : 03/19/2019|
|2||03/19/2019||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|3||03/22/2019||Rec'd $125 filing fee|
|4||03/22/2019||Notice served on Randolph e. Stefanson, Bruce A. Schoenwald and Sean T. Foss|
|5||04/17/2019||ELEC. RECORD ON APPEAL DATED APRIL 16, 2019 (ENTRY NOS. #1 TO #81)|
|6||05/17/2019||S.Ct. Not. of Dismissal/Failure to Proceed|
|7||05/17/2019||NO ACTION TAKEN|
|8||05/17/2019||MOT. EXT/TIME APPELLANT BRIEF|
|9||05/17/2019||ACTION BY CHIEF JUSTICE - Granted : 06/07/2019|
|12||06/17/2019||Rec'd corrected ATB with Certificate of Compliance and Service Document|
|13||06/20/2019||Rec'd 6 copies of ATB from Central Duplicating|
|14||06/20/2019||Rec'd 6 copies of ATA from Central Duplicating|
|16||07/08/2019||Oral Argument Request by Appellee|
|17||07/10/2019||Rec'd non-substantive corrections (para number) to AEB & C.O.S.|
|18||07/16/2019||Received 6 copies of AEB from Central Duplicating|
|20||07/23/2019||Rec'd 6 copies of RYB from Central Duplicating|
|21||08/02/2019||NOTICE OF ORAL ARGUMENT SENT|
|22||09/23/2019||APPEARANCES: Bruce A. Schoenwald; Sarah Aaberg|
|23||09/23/2019||ARGUED: Bruce A. Schoenwald; Sarah Aaberg|
|24||09/23/2019||ORAL ARGUMENT WEBCAST|