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Ryberg, et al. v. Landsiedel

Docket No. 20200189
Oral Argument: Tuesday, December 8, 2020 10:45 AM

Docket Info

Title
Jason Ryberg, individually and as heir
at law for Heather Ryberg, deceased, Plaintiff and Appellant
and
Nodak Insurance Company, Interested Party and Appellant
v.
Darren J. Landsiedel, Defendant and Appellee
Case Type
CIVIL APPEAL : PERSONAL INJURY
Appeal From
Case No. 2018-CV-00878
South Central Judicial District, Burleigh County
Bruce A. Romanick
2021 ND 56956 N.W.2d 749
Oral Argument 12/8/2020

Highlight

A settlement agreement is a contract between parties, and thus contract law applies.

The law looks with favor upon compromise and settlement of controversies between parties, and where the settlement is fairly entered into, it should be considered as disposing of all disputed matters which were contemplated by the parties at the time of the settlement.

When a settlement is fairly made before trial, it takes on the character of a contract between the parties and is final and conclusive, and based on good consideration.

Courts will not enforce a contract which is vague, indefinite, or uncertain, nor will they make a new contract for the parties. An oral contract can be enforced only when the parties have agreed on its essential terms.

Briefs

Filing Date Description
09/08/2020 APPELLANT BRIEF View
10/28/2020 APPELLEE BRIEF View
11/12/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Alyssa L. Lovas - 08387
APPELLANT PRIVATE PRACTICE Scott Kenneth Porsborg - 04904
APPELLEE PRIVATE PRACTICE Lawrence E. King - 04997
APPELLANT PRIVATE PRACTICE Austin Theodore Lafferty - 07833

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

Seq. # Filing Date Description Attachment
1 07/15/2020 NOTICE OF APPEAL : 07/15/2020
2 07/21/2020 Received $125 filing fee
3 07/23/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 07/23/2020 Notice served on Scott K. Porsborg, Austin T. Lafferty, Lawrence King, & Alyssa L. Lovas
5 08/17/2020 MOT. EXT/TIME APPELLANT BRIEF
6 08/17/2020 ACTION BY CLERK - Granted : 09/08/2020
7 08/18/2020 ELEC. RECORD ON APPEAL DATED AUGUST 17, 2020 (ENTRY NOS. 1-133)
8 09/08/2020 APPELLANT BRIEF View
9 09/08/2020 APPELLANT APPENDIX
10 09/08/2020 Oral Argument Request by Appellants
11 09/11/2020 Rec'd 5 copies of ATB & 4 copies of ATA from CSD
12 09/30/2020 MOT. EXT/TIME APPELLEE BRIEF
13 09/30/2020 ACTION BY CLERK - Granted : 10/29/2020
14 10/28/2020 APPELLEE BRIEF View
15 10/28/2020 APPELLEE APPENDIX
16 10/30/2020 Rec'd 5 copies of AEB and 4 copies of AEA back from CD
17 11/12/2020 REPLY BRIEF View
18 11/16/2020 NOTICE OF ORAL ARGUMENT SENT
19 11/17/2020 Rec'd 5 copies of RYB from CSD
20 12/08/2020 APPEARANCES: Scott K. Porsborg/Austin T. Lafferty/Lawrence King/Alyssa L. Lovas
21 12/08/2020 ARGUED: Scott K. Porsborg/Lawrence King
22 12/08/2020 ORAL ARGUMENT WEBCAST
23 03/24/2021 DISPOSITION (and Reversed)
24 03/24/2021 UNANIMOUS OPINION : Crothers, Daniel John View
25 03/24/2021 By Order of the Court, costs to neither party
26 03/25/2021 Judgment
27 04/16/2021 MANDATE
28 05/07/2021 Corrected Opinion Page (paragraph #9)