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Command Center v. Renewable Resources, et al.

Docket No. 20200017
Oral Argument: Thursday, September 3, 2020 1:30 PM

Docket Info

Title
Command Center, Inc., Plaintiff
v.
Renewable Resources, LLC, Defendant and Appellee
and
Shawn Kluver and Little Knife Disposal, LLC, Defendants and Appellants
and
Renewable Resources, LLC, Third-Party Plaintiff and Appellee
v.
Shawn Kluver and Little Knife Disposal, LLC, Third-Party Defendants and Appellants
Case Type
CIVIL APPEAL : DEBTOR/CREDITOR
Appeal From
Case No. 2018-CV-00114
Southwest Judicial District, Dunn County
James D. Gion
2021 ND 59956 N.W.2d 755
Oral Argument 9/3/2020

Highlight

In an appeal from a bench trial, the trial court’s findings of fact are reviewed under the clearly erroneous standard and its conclusions of law are fully reviewable.

In a bench trial, the trial court decides credibility issues and the supreme court on appeal does not second-guess the trial court on its credibility determinations.

A trial court’s decision to admit or exclude evidence will not be reversed on appeal unless it has abused its discretion.

Business records may be properly admitted into evidence under the business records exception to the hearsay rule.

Indemnity is an equitable remedy which permits a party to recover reimbursement from another for the discharge of a liability that, as between the two parties, should have been discharged by the other.


Briefs

Filing Date Description
06/09/2020 APPELLANT BRIEF View
07/08/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Ariston Edward Johnson - 06366
APPELLEE PRIVATE PRACTICE Jonathan Paul Sanstead - 05332

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 01/21/2020 NOTICE OF APPEAL : 01/21/2020
2 01/21/2020 ORDER FOR TRANSCRIPT : 01/29/2020
3 01/24/2020 Recevied $125 filing fee
4 01/28/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 01/28/2020 Notice served on Ariston E. Johnson, Jonathan P. Sanstead, & Robin W. Forward
6 02/25/2020 ELEC. RECORD ON APPEAL DATED FEBRUARY 24, 2020 (ENTRY NOS. #1 - #179)
7 03/12/2020 1ST ELEC. SUPP. RECORD ON APPEAL DATED (ENTRY NOS. #180 - #185 )
8 03/30/2020 ELECTRONIC TRANSCRIPT DATED JUNE 11, 2019
9 03/30/2020 TRANSRIPT C.O.S.
10 05/01/2020 MOT. EXT/TIME APPELLANT BRIEF
11 05/04/2020 ACTION BY CLERK - Granted : 06/10/2020
12 06/09/2020 APPELLANT BRIEF View
13 06/09/2020 APPELLANT APPENDIX
14 06/09/2020 Oral Argument Request by Appellant
15 06/11/2020 Rec'd 5 copies of ATB & 4 copies of ATA from CSD
16 06/16/2020 Rec'd $7.50 for AEA over page limit (receipt #27758)
17 06/25/2020 Rec'd notice Command Center does not intend to take part in briefing or argument of the appeal
18 07/08/2020 APPELLEE BRIEF View
19 07/08/2020 APPELLEE APPENDIX
20 07/13/2020 Rec'd 5 copies of AEB & 4 copies of AEA from CSD
21 08/12/2020 NOTICE OF ORAL ARGUMENT SENT
22 09/03/2020 APPEARANCES: Ariston E. Johnson; Jonathan P. Sanstead
23 09/03/2020 ARGUED: Ariston E. Johnson; Jonathan P. Sanstead
24 09/03/2020 ORAL ARGUMENT WEBCAST
25 03/24/2021 DISPOSITION
26 03/24/2021 UNANIMOUS OPINION : VandeWalle, Gerald W. View
27 03/24/2021 Costs on appeal taxed in favor of appellee
28 03/25/2021 Judgment
29 04/16/2021 MANDATE