R & F Financial Services v. North American Building Solutions, et al.
- R & F Financial Services, LLC, Plaintiff and Appellant
Cudd Pressure Control, Inc., and RPC, Inc., Defendants and Appellees
North American Building Solutions, LLC, Defendant
- Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
Case No. 2016-CV-01331
Northwest Judicial District, Williams County
Benjamen James Johnson
Parties' Statement of Issues
1. The trial court erred when it failed to give full effect to the agreement of the parties, NABS and Cudd, under the applicable provisions of the Uniform Commercial Code and determine that a finance lease was created by the parties.
2. If the parties’ agreement, making the effective commencement date of the lease June 5, 2012, is for some reason found to be ineffective for purposes of creating a finance lease with respect to the first 28 units, the agreement should be deemed severable and a finance lease should be found to exist with respect to the final 32 units.
3. The trial court erred in finding the defenses of impossibility of performance and frustration of purpose applied to Cudd’s breach of the Lease Agreement.
4. The District Court abused its discretion in denying R & F’s Motion for attorneys’ fees.
 The district court did not err in finding that the Lease was not a finance lease under the applicable provisions of the Uniform Commercial Code – Leases.
 The district court did not err in not severing the transaction related to the final 32 Modules and in not finding that transaction to be a finance lease.
 The district court did not err in finding that the defenses of impracticability and frustration of purpose applied to Cudd’s performance under the Lease.
R & F Financial Services (R & F) appeals from a district court order dismissing its claims against Cudd Presure Control (Cudd) and RPC and granting Cudd’s and RPC’s counterclaims and cross claims.
North American Building Solutions (NABS) entered into a lease agreement with Cudd in 2011. NABS then assigned its rights under the lease to R & F. The lease was for sixty (60) temporary housing modules and was to last a period of sixty (60) months. During the term of the lease, the property on which the modules sat was annexed into the city limits of Williston. Thereafter Williston passed ordinances that banned the use of the modules as housing inside of city limits. Cudd sent a notice to NABS stating that the lease was terminated by operation of law. R & F sued for breach of contract and the district court found that (1) the lease was not a financial lease, (2) because the lease was not a financial lease, there was no ‘hell or high-water’ provision, and (3) the doctrines of impossibility of performance and frustration of purpose were applicable.
On appeal, R & F argues that the court erred in finding that the Lease was not a finance lease and that the court erred in finding the doctrines of impossibility of performance and frustration of purpose to be applicable.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||09/18/2019||NOTICE OF APPEAL : 09/18/2019|
|2||09/18/2019||ORDER FOR TRANSCRIPT : 09/20/2019|
|3||09/18/2019||Notice of Appearance by Rebecca Thiem for Appellant|
|4||09/20/2019||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|5||09/20/2019||Notice served on Joseph A. Turman, Rebecca S. Thiem, Trevor A. Hunter & Kent A. Reierson|
|6||09/20/2019||Notice served on North American Building Solutions|
|7||09/20/2019||Rec'd $125.00 filing fee (receipt #27372)|
|8||10/16/2019||ELEC. RECORD ON APPEAL DATED OCTOBER 15, 2019 (ENTRY NOS. #1 - #331)|
|9||11/01/2019||ELECTRONIC TRANSCRIPT DATED MAY 23, 2019|
|10||11/01/2019||C.O.S for Transcript dated 5-23-19|
|11||11/05/2019||Stipulation to Remand|
|12||11/05/2019||ACTION BY CHIEF JUSTICE - Granted|
|13||11/06/2019||ORDER OF REMAND|
|14||11/06/2019||Briefing stayed during remand|
|15||04/25/2020||ELEC. RECORD ON APPEAL DATED APRIL 24, 2020 (ENTRY NOS. 1-254, 256-269, 271-378)|
|16||04/28/2020||MOT. EXT/TIME APPELLANT BRIEF (sua sponte due to remand)|
|17||04/28/2020||ACTION BY CLERK (sua sponte due to remand) - Granted : 05/28/2020|
|18||04/30/2020||1ST ELEC. SUPP. RECORD ON APPEAL DATED APRIL 29, 2020 (ENTRY NOS. 379-386)|
|19||05/19/2020||MOT. EXT/TIME APPELLANT BRIEF|
|20||05/19/2020||ACTION BY CLERK - Granted : 06/11/2020|
|21||05/19/2020||AMENDED NOTICE OF APPEAL|
|22||05/20/2020||NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERV.|
|23||05/20/2020||Notice served on Joseph A. Turman, Rebecca S. Thiem, Trevor A. Hunter, Kent A. Reierson,|
|24||05/20/2020||& North American Building Solutions LLC|
|25||05/22/2020||Amended MOT. EXT/TIME APPELLANT BRIEF|
|26||05/26/2020||2ND ELEC. SUPP. RECORD ON APPEAL DATED MAY 26, 2020 (ENTRY NOS. 387-390)|
|27||05/29/2020||Ext. remains granted|
|30||06/11/2020||Oral Argument Request by Appellant|
|31||06/15/2020||Rec'd non-substantive corrections ATB (toc)|
|32||06/16/2020||Rec'd $69 for ATA over page limit (receipt #27756)|
|33||06/17/2020||Rec'd 5 copies of ATB & 4 copies of ATA from CSD|
|34||07/02/2020||MOT. EXT/TIME APPELLEE BRIEF|
|35||07/02/2020||ACTION BY CLERK - Granted : 07/27/2020|
|37||07/27/2020||Oral Argument Request by Appellee|
|39||07/28/2020||Rec'd $136.50 for 273 pages over 100 in Appendix (receipt #27794)|
|40||08/04/2020||MOT. EXT/TIME REPLY BRIEF|
|41||08/05/2020||ACTION BY CLERK - Granted : 08/20/2020|
|42||08/06/2020||Rec'd 5 copies of AEB and 4 copies of AEA back from CSD|
|43||08/19/2020||Non-compliant Reply Brief received (over page count)|
|44||08/21/2020||MOTION FOR ADDITIONAL PAGES FOR REPLY BRIEF|
|45||08/21/2020||ACTION BY CHIEF JUSTICE|
|46||08/21/2020||ACTION BY CHIEF JUSTICE (2 additional pages) - Granted|
|48||08/25/2020||Rec'd 5 copies of RYB back from CSD|
|49||09/22/2020||NOTICE OF ORAL ARGUMENT SENT|
|50||10/27/2020||APPEARANCES: Joseph A. Turman; Katrina A. Turman Lang; Rebecca S. Thiem; Trevor A. Hunter|
|51||10/27/2020||ARGUED: Joseph A. Turman; Katrina A. Turman Lang; Trevor A. Hunter|
|52||10/27/2020||ORAL ARGUMENT WEBCAST|