Titan Machinery v. Kluver
Docket No. 20200021
Oral Argument:
Thursday, September 3, 2020 10:45 AM
Docket Info
- Title
- Titan Machinery, Inc., Plaintiff and Appellee
v.
Renewable Resources, LLC, Defendant and Third-Party Plaintiff
and Appellee
v.
Shawn Kluver and Little Knife
Disposal, LLC, Third-Party Defendants and Appellants
----------
Titan Machinery, Inc., Plaintiff and Appellee
v.
Shawn Kluver Defendant and Third-Party Plaintiff
and Appellant
v.
Renewable Resources, LLC, Third-Party Defendant and Appellee
- Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 2017-CV-03746
East Central Judicial District, Cass County
Tristan Jones Van de Streek
2020 ND 225950 N.W.2d 149
Oral Argument
9/3/2020
Highlight
In a bench trial, the district court decides credibility issues, and we will not second-guess the district court on its credibility decisions.
Indemnity is an equitable remedy that allows a party to recover reimbursement from another for the payment of a liability that, as between the two parties, should have been paid by the other.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 01/23/2020 | NOTICE OF APPEAL : 01/23/2020 | |
| 2 | 01/23/2020 | ORDER FOR TRANSCRIPT : 01/28/2020 | |
| 3 | 01/27/2020 | Rec' $125.00 filing fee (receipt #27504) | |
| 4 | 01/28/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 01/28/2020 | Notice Served on Ariston E. Johnson, James M. Cailao, Jon R. Brakke and Jonathan P. Sanstead | |
| 6 | 02/21/2020 | ELEC. RECORD ON APPEAL DATED FEBRUARY 20, 2020 (ENTRY NOS. #1- #256) | |
| 7 | 03/05/2020 | ELECTRONIC TRANSCRIPT DATED NOVEMBER 12, 2019 | |
| 8 | 03/05/2020 | ELECTRONIC TRANSCRIPT DATED NOVEMBER 13, 2019 | |
| 9 | 03/05/2020 | TRANSCRIPTS C.O.S. | |
| 10 | 03/31/2020 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED MARCH 30, 2020 (ENTRY NOS. 257-265) | |
| 11 | 03/31/2020 | ELEC. SUPP. RECORD ON APPEAL DATED MARCH 30, 2020 (ENTRY NOS. 266-267) | |
| 12 | 04/12/2020 | MOT. EXT/TIME APPELLANT BRIEF | |
| 13 | 04/13/2020 | ACTION BY CLERK - Granted : 05/14/2020 | |
| 14 | 05/01/2020 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED APRIL 30 (ENTRY NOS. 268-273) | |
| 15 | 05/14/2020 | APPELLANT BRIEF | View |
| 16 | 05/14/2020 | APPELLANT APPENDIX | |
| 17 | 05/15/2020 | Oral Argument Request by Appellant | |
| 18 | 05/18/2020 | Rec'd 5 copies of ATB & ATA from CSD | |
| 19 | 05/16/2020 | 4TH ELEC. SUPP. RECORD ON APPEAL DATED MAY 15, 2020(ENTRY NOS. 274-281) | |
| 20 | 05/19/2020 | 5TH ELEC. SUPP. RECORD ON APPEAL DATED MAY 19, 2020 (ENTRY NOS. 282-284) | |
| 21 | 05/28/2020 | 6TH ELEC. SUPP. RECORD ON APPEAL DATED MAY 27 (ENTRY NOS. 285-287 ) | |
| 22 | 06/12/2020 | APPELLEE BRIEF (Titan Machinery, Inc.) | View |
| 23 | 06/12/2020 | Oral Argument Request by Appellee (Titan Machinery, Inc.) | |
| 24 | 06/15/2020 | APPELLEE BRIEF (RENEWABLE RESOURCES) | View |
| 25 | 06/15/2020 | Oral Argument Request by Appellee (Renewable Reources) | |
| 26 | 06/15/2020 | APPELLEE APPENDIX (RENEWABLE RESOURCES) | |
| 27 | 06/17/2020 | Rec'd 5 copies of AEB (Titan Machinery Inc.) back from CSD | |
| 28 | 06/21/2020 | Rec'd non-substantive corrections to AEB and AEA (Renewable Resource | |
| 29 | 06/24/2020 | Rec'd 4 copies of AEB/AEA (RR) from Central Duplicating | |
| 30 | 07/14/2020 | 7TH ELEC. SUPP. RECORD ON APPEAL DATED JULY 13, 2020 (ENTRY NOS. 288-289) | |
| 31 | 07/15/2020 | 8TH ELEC. SUPP. RECORD ON APPEAL DATED JULY 14, 2020 (ENTRY NOS. 290-292) | |
| 32 | 08/12/2020 | NOTICE OF ORAL ARGUMENT SENT | |
| 33 | 08/24/2020 | 9TH ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 21, 2020 (ENTRY NOS. 293-300) | |
| 34 | 09/02/2020 | MOTION FOR PARTIAL DISMISSAL | |
| 35 | 09/02/2020 | MOTION TO WAIVE ARGUMENT BY TITAN MACHINERY, INC. | |
| 36 | 09/02/2020 | ACTION BY SUPREME COURT - Granted | |
| 37 | 09/03/2020 | APPEARANCES: Ariston E. Johnson; Jonathan P. Sanstead | |
| 38 | 09/03/2020 | ARGUED: Ariston E. Johnson; Jonathan P. Sanstead | |
| 39 | 09/03/2020 | ORAL ARGUMENT WEBCAST | |
| 40 | 10/21/2020 | DISPOSITION | |
| 41 | 10/21/2020 | UNANIMOUS OPINION : Tufte, Jerod E. | View |
| 42 | 10/21/2020 | Costs taxed in favor of Appellees | |
| 43 | 10/27/2020 | Judgment Sent to Parties | |
| 44 | 11/16/2020 | MANDATE |