Taszarek, et al. v. Lakeview Excavating, et al.
Docket Info
- Title
- Eugene E. Taszarek, Marlys J. Taszarek,
Trina E. Schilling, Steven E. Taszarek,
and Michael E. Taszarek, Plaintiffs and Appellants
v.
Lakeview Excavating, Inc., German Township,
and Dickey County, Defendants
and
Brian Welken, Defendant and Appellee - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 2013-CV-00088
Southeast Judicial District, Dickey County
Daniel D. Narum
Highlight
When the Court remands for redetermination of an issue without specifying the procedure to be followed, the district court may decide the issue based on the evidence already before it or may take additional evidence.
Under the “alter ego” approach to piercing the corporate veil, there must be such a unity of interest and ownership between the corporation and its equitable owner that the separate personalities of the corporation and the shareholder do not in reality exist, and there must be an inequitable result if the acts in question are treated as those of the corporation alone. This approach analyzes whether a corporation is merely an instrumentality or alter ego of its owner, and requires examination of the Hilzendager-Jablonsky factors, including the “injustice, inequity or fundamental unfairness” element.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 02/15/2021 | NOTICE OF APPEAL : 02/15/2021 | |
| 2 | 02/15/2021 | ORDER FOR TRANSCRIPT : 02/18/2021 | |
| 3 | 02/18/2021 | Rec'd $125 Filing Fee | |
| 4 | 02/18/2021 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 02/18/2021 | Notice served on William C. Black, Douglas W. Gigler & Scott K. Porsborg | |
| 6 | 03/16/2021 | ELEC. RECORD ON APPEAL DATED MARCH 15, 2021(ENTRY NOS.1-98, 104-109, 112-153, 155, 157-473)(NOT | |
| 7 | 03/16/2021 | REC'D 99 - 103, 110-111, 154 AND 156) | |
| 8 | 04/05/2021 | ELECTRONIC TRANSCRIPT DATED OCTOBER 12, 2020 | |
| 9 | 04/05/2021 | Transcript Certificate of Service | |
| 10 | 04/21/2021 | Rec'd non-substantive correction to transcript. (pg 16, line 10) | |
| 11 | 05/05/2021 | MOT. EXT/TIME APPELLANT BRIEF | |
| 12 | 05/05/2021 | ACTION BY CLERK - Granted : 06/14/2021 | |
| 13 | 06/14/2021 | APPELLANT BRIEF | View |
| 14 | 06/14/2021 | APPELLANT APPENDIX | |
| 15 | 06/15/2021 | Rec'd non-substantive corrections to ATB and ATA | |
| 16 | 06/17/2021 | Rec'd 4 copies of ATA back from CD | |
| 17 | 06/21/2021 | Rec'd 4 copies of ATB back from CD | |
| 18 | 07/13/2021 | APPELLEE BRIEF (WELKEN) | View |
| 19 | 07/15/2021 | ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT | |
| 20 | 07/16/2021 | Rec'd 4 copies of AEB back from CSD | |
| 21 | 09/08/2021 | APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c) | |
| 22 | 09/08/2021 | ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c) | |
| 23 | 12/23/2021 | DISPOSITION | |
| 24 | 12/23/2021 | SPLIT OPINION : Tufte, Jerod E. | View |
| 25 | 12/23/2021 | CONCURRING SPECIALLY : Crothers, Daniel John | |
| 26 | 12/23/2021 | JOIN IN CONCURRING SPECIALLY : Jensen, Jon J. | |
| 27 | 12/23/2021 | Costs on appeal taxed in favor of Appellee | |
| 28 | 12/23/2021 | Judgment | View |
| 29 | 01/14/2022 | MANDATE |