Great Plains Royalty Corp. v. Earl Schwartz Co., et al.
Docket No. 20200133
Oral Argument:
Waived
Docket Info
- Title
- Great Plains Royalty Corporation,
a North Dakota Corporation, Plaintiff, Appellee,
and Cross-Appellant
v.
Earl Schwartz Company, a North Dakota
partnership, Basin Minerals, LLC, a North
Dakota limited liability company, and
Kay Schwartz York, Kathy Schwartz Mau, and
Kara Schwartz Johnson, as the Co-Personal
Representative of the Estate of
Earl N. Schwartz, SunBehm Gas, Inc., a
North Dakota corporation, Defendants, Appellants,
and Cross-Appellees - Case Type
- CIVIL APPEAL : OIL, GAS AND MINERALS
- Appeal From
-
Case No. 2016-CV-00530
Northwest Judicial District, McKenzie County
Daniel Saleh El-Dweek
2021 ND 62958 N.W.2d 128
Highlight
Standing is the concept used to determine whether a party is sufficiently affected to ensure a justiciable controversy exists.
The law of the case doctrine precludes parties from relitigating issues resolved in a prior appeal or issues that would have been resolved had they been properly presented.
Collateral estoppel, or issue preclusion, forecloses relitigation of issues that were decided in a prior action or by necessary implication must have been litigated and decided.
When the district court’s rationale is unclear, remand is appropriate.
Slander of title requires evidence that the defendant acted with malice.
Conversion and unjust enrichment are distinct causes of action.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/05/2020 | NOTICE OF APPEAL (SunBehm Gas, Inc.) : 05/05/2020 | |
| 2 | 05/06/2020 | Received $125 filing fee | |
| 3 | 05/06/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 05/06/2020 | Notice served on Jon Bogner, Jordan L. Selinger, James J. Coles, Lawrence Bender &Spencer D. Ptacek | |
| 5 | 05/15/2020 | NOTICE OF CROSS APPEAL | |
| 6 | 05/18/2020 | NOT. OF FILING NOT. OF CROSS APPEAL AND PROOF OF SERV. | |
| 7 | 05/18/2020 | Notice Served on Jon Bogner & Jordan L. Selinger, Daniel H. Oster & James J. Coles and | |
| 8 | 05/18/2020 | Lawrence Bender & Spencer D. Ptacek | |
| 9 | 05/18/2020 | SECOND NOTICE OF APPEAL (Earl Schwartz Company, et al.) | |
| 10 | 05/21/2020 | NOT. OF FILING SECOND NOT. OF APPEAL AND PROOF OF SERV. (Earl Schwartz Company, et al.) | |
| 11 | 05/21/2020 | Notice served on Jon Bogner, Jordan L. Selinger, Lawrence Bender, Spencer D. Ptacek, | |
| 12 | 05/21/2020 | Daniel H. Oster & James J. Coles | |
| 13 | 06/10/2020 | MOT. EXT/TIME APPELLANT BRIEF (SunBehm) | |
| 14 | 06/10/2020 | ACTION BY CLERK - Granted : 07/06/2020 | |
| 15 | 06/11/2020 | MOT. EXT/TIME APPELLANT BRIEF ("SCHWARTZ DEFENDANTS") | |
| 16 | 06/14/2020 | ACTION BY CLERK - Granted : 07/06/2020 | |
| 17 | 06/15/2020 | ELEC. RECORD ON APPEAL DATED JUNE 11, 2020 (ENTRY NOS. 1-311) | |
| 18 | 06/17/2020 | ORDER OF REMAND | |
| 19 | 06/17/2020 | Briefing Schedule Stayed | |
| 20 | 09/14/2020 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 11, 2020 (ENTRY NOS. 312-314) | |
| 21 | 09/14/2020 | MOT. EXT/TIME APPELLANT BRIEF (sua sponte due to remand) | |
| 22 | 09/14/2020 | ACTION BY CLERK (sua sponte due to remand) - Granted : 10/14/2020 | |
| 23 | 10/07/2020 | APPELLANT BRIEF (SunBehm Gas, Inc.) | View |
| 24 | 10/07/2020 | APPELLANT APPENDIX (SunBehm Gas, Inc.) | |
| 25 | 10/08/2020 | Rec'd non-substantive corrections to ATB | |
| 26 | 10/09/2020 | Rec'd 5 copies of ATB & 4 copies of ATA from CSD | |
| 27 | 10/14/2020 | APPELLANT BRIEF (Earl Schwartz Co., et al) | View |
| 28 | 10/14/2020 | APPELLANT APPENDIX (Earl Schwartz Co., et al) | |
| 29 | 10/16/2020 | Rec'd non-substantive corrections to ATB & ATA (Earl Schwartz Co., et al) (page numbering) | |
| 30 | 10/21/2020 | Rec'd 5 copies of ATB & 4 copies of ATA from CSD | |
| 31 | 10/21/2020 | Rec'd $112.00 (over page limit) (receipt #26745) | |
| 32 | 11/06/2020 | MOT. EXT/TIME APPELLEE BRIEF | |
| 33 | 11/09/2020 | ACTION BY CHIEF JUSTICE - Granted : 12/23/2020 | |
| 34 | 12/16/2020 | APPELLEE BRIEF | View |
| 35 | 12/16/2020 | APPELLEE APPENDIX | |
| 36 | 12/17/2020 | ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT | |
| 37 | 12/17/2020 | MOTION TO WAIVE APPENDIX PAGINATION REQUIREMENT | |
| 38 | 12/18/2020 | ACTION BY CHIEF JUSTICE - Granted | |
| 39 | 12/21/2020 | Rec'd non-substantive corrections to AEA | |
| 40 | 12/21/2020 | Rec'd $466 e-filing surcharge for AEA (receipt #27891) | |
| 41 | 12/23/2020 | Rec'd 5 copies of AEB & 4 copies of AEA from CSD | |
| 42 | 12/30/2020 | MOT. EXT/TIME REPLY BRIEF | |
| 43 | 12/30/2020 | ACTION BY CLERK - Granted : 01/06/2021 | |
| 44 | 01/06/2021 | REPLY BRIEF (Earl Schwartz Co., et al.) | View |
| 45 | 01/06/2021 | REPLY BRIEF (SunBehm Gas, Inc.) | View |
| 46 | 01/10/2021 | Rec'd 5 copies of RYB (SunBehm Gas, Inc.) back from CD | |
| 47 | 01/10/2021 | Rec'd 5 copies of RYB (Earl Schwartz Co., et al.) back from CD | |
| 48 | 01/20/2021 | REPLY BRIEF ( Great Plains Royalty Corporation) | View |
| 49 | 01/21/2021 | Rec'd 5 copies of RYB (Great Plains Royalty Corp.) | |
| 50 | 01/21/2021 | APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c) | |
| 51 | 01/21/2021 | ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c) | |
| 52 | 04/05/2021 | DISPOSITION ( REVERSED IN PART AND REMANDED) | |
| 53 | 04/05/2021 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
| 54 | 04/05/2021 | By order of the Court neither party have and recover costs and disbursements in this appeal. | |
| 55 | 04/05/2021 | Judgment | |
| 56 | 04/27/2021 | MANDATE |