McDougall, et al. v. AgCountry Farm Credit Services, et al.
Docket Info
- Title
- Michael McDougall and Bonita McDougall, Plaintiffs and Appellees
v.
AgCountry Farm Credit Services, PCA, Defendant, Third-Party Plaintiff,
and Appellant
and
Any person in possession, and All persons
unknown, claiming any estate or interest in,
or lien or encumbrance upon, the real estate
described in the Third Party Complaint, Third-Party Defendants - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 2018-CV-00045
Northeast Judicial District, Towner County
Donovan John Foughty
Highlight
The principle of law of the case requires that the same legal question previously determined on appeal will not be decided differently on a second appeal in the same case where the facts remain the same.
A district court’s findings of fact on unjust enrichment will not be reversed unless clearly erroneous.
A third party’s participation in a transaction between others through which a benefit is obtained is a fact to be considered by the court in determining whether a causal connection existed between an enrichment and impoverishment.
Unjust enrichment is an alternative claim, and a legal claim which has yet to fail or succeed does not preclude a plaintiff from also asserting an unjust enrichment claim.
A district court does not abuse its discretion in awarding costs for depositions taken in a prior case where use of those depositions prevented duplicative depositions and costs.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 10/28/2020 | NOTICE OF APPEAL : 10/28/2020 | |
| 2 | 10/28/2020 | ORDER FOR TRANSCRIPT : 11/02/2020 | |
| 3 | 10/30/2020 | Rec'd $125.00 filing fee (receipt #27852) | |
| 4 | 11/02/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 11/02/2020 | Notice Served on John D. Schroeder, Kip M. Kaler & Patrick J. Sinner | |
| 6 | 11/18/2020 | ELEC. RECORD ON APPEAL DATED NOVEMBER 17, 2020 (ENTRY NOS. 1-301) | |
| 7 | 11/30/2020 | Suspension of Preparation of Transcript filed by Melissa Morden | |
| 8 | 12/02/2020 | Resumption of Preparation of Transcript dated December 2, 2020 by Melissa Morden | |
| 9 | 12/03/2020 | ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 2, 2020 (ENTRY NOS. 302-308) | |
| 10 | 12/14/2020 | AMENDED NOTICE OF APPEAL | |
| 11 | 12/16/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 12 | 12/16/2020 | Notice served on John D. Schroeder, Kip M. Kaler, & Patrick J. Sinner | |
| 13 | 12/18/2020 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 17, 2020 (ENTRY NOS. 309-313) | |
| 14 | 12/31/2020 | ELECTRONIC TRANSCRIPT DATED JULY 7, 2020 | |
| 15 | 12/31/2020 | ELECTRONIC TRANSCRIPT DATED JULY 8, 2020 | |
| 16 | 12/31/2020 | ELECTRONIC TRANSCRIPT DATED JULY 9, 2020 | |
| 17 | 12/31/2020 | ELECTRONIC TRANSCRIPT DATED JULY 10, 2020 | |
| 18 | 12/31/2020 | Redaction Key for Transcripts dated July 7-10, 2020 | |
| 19 | 12/31/2020 | Certificate of Service for Transcripts | |
| 20 | 01/06/2021 | Rec'd non-substantive corrections to transcripts (redaction) | |
| 21 | 02/02/2021 | MOT. EXT/TIME APPELLANT BRIEF | |
| 22 | 02/02/2021 | ACTION BY CLERK - Granted : 02/23/2021 | |
| 23 | 02/23/2021 | APPELLANT BRIEF | View |
| 24 | 02/23/2021 | APPELLANT APPENDIX | |
| 25 | 02/23/2021 | Oral Argument Request by Appellant | |
| 26 | 02/26/2021 | Rec'd $44.50 e-filing surcharge for ATA (receipt #28089) | |
| 27 | 03/02/2021 | Rec'd 5 copies of ATB & 4 copies of ATA from CSD | |
| 28 | 03/23/2021 | NOTICE OF ORAL ARGUMENT SENT | |
| 29 | 03/24/2021 | MOT. EXT/TIME APPELLEE BRIEF | |
| 30 | 03/24/2021 | ACTION BY CHIEF DEPUTY CLERK - Granted : 04/01/2021 | |
| 31 | 04/01/2021 | APPELLEE BRIEF | View |
| 32 | 04/01/2021 | Oral Argument Request by Appellee | |
| 33 | 04/01/2021 | APPELLEE APPENDIX | |
| 34 | 04/06/2021 | Rec'd non-substantive corrections back for AEB | |
| 35 | 04/07/2021 | Rec'd 5 copies of AEB and 4 copies of AEA back frm CD | |
| 36 | 04/15/2021 | REPLY BRIEF | View |
| 37 | 04/16/2021 | Rec'd 4 copies of RYB from CSD | |
| 38 | 04/28/2021 | APPEARANCES: John D. Schroeder/Kip M. Kaler/Patrick J. Sinner | |
| 39 | 04/28/2021 | ARGUED: John D. Schroeder/Patrick J. Sinner | |
| 40 | 04/28/2021 | ORAL ARGUMENT WEBCAST | |
| 41 | 06/03/2021 | DISPOSITION (as Modified) | |
| 42 | 06/03/2021 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 43 | 06/03/2021 | Costs taxed in favor of Appellees | |
| 44 | 06/25/2021 | MANDATE |