Boutrous, et al. v. Transform Operating Stores, et al.
Docket Info
- Title
- Ted J. Boutrous, L.L.C. and The Boutrous
Group, LLP, Plaintiffs and Appellees
v.
Transform Operating Stores, LLC d/b/a
Transformco Operating Stores LLC; Transform
SR Brands LLC d/b/a Transformco d/b/a Kmart;
and Transform KM LLC, Defendants and Appellants - Case Type
- CIVIL APPEAL : LANDLORD/TENANT
- Appeal From
-
Case No. 2021-CV-00240
South Central Judicial District, Burleigh County
Bobbi Brown Weiler
Highlight
A summary eviction action may be brought to recover the possession of real estate if a lessee violates a material term of the written lease agreement between the lessor and lessee.
Whether a lease has been fully complied with should be treated as a finding of fact because the rules of construction relating to contracts generally apply to the construction of leases.
In a bench trial, the district court is the determiner of credibility issues and we will not second-guess the district court on its credibility determinations. Findings of the trial court are presumptively correct.
An order holding a person in contempt is a final order for purposes of appeal. A contempt order is immediately appealable.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 03/18/2022 | NOTICE OF APPEAL : 03/18/2022 | |
| 2 | 03/18/2022 | ORDER FOR TRANSCRIPT : 03/24/2022 | |
| 3 | 03/24/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 03/24/2022 | Notice served on Ryan C. McCamy, Shaun D. McNamara & Tory J. Jackson | |
| 5 | 04/13/2022 | ELEC. RECORD ON APPEAL DATED APRIL 12, 2022 (ENTRY NOS.1-46, 48-53, 56-74, 76-92, 94-115, 117-166, | |
| 6 | 04/13/2022 | 168-176, 178-208, 210-244-352)(NOT REC'D. #47, 54, 55, 75, 93, 116, 167, 177, 209, 245) | |
| 7 | 04/21/2022 | Rec'd Via U.S. Mail Entry No.47(Exhibit 40-42), Entry No.75(Exhibit 49), Entry No. 93(Exhibit 53) | |
| 8 | 04/21/2022 | Entry No. 116(Exhibit 58), Entry No. 167(Exhibit 66), Entry No. 177(Exhibit 71), | |
| 9 | 04/21/2022 | Entry No. 209(Exhibit B), Entry No. 245(Exhibit 76)(Not Rec'd 54-55) | |
| 10 | 04/29/2022 | Rec'd Via U.S. Mail Entry No.54-55 (Exhibit 40-41) Disk | |
| 11 | 05/03/2022 | AMENDED ELEC. RECORD ON APPEAL DATED MAY 2, 2022 (ENTRY NOS. 1-46, 48-53, 56-74, 76-92, 94-115, | |
| 12 | 05/03/2022 | 117-166, 168-176, 178-208, 210-244-352)(SENT BY U.S. MAIL #47, 54, 55, 75, 93, | |
| 13 | 05/03/2022 | 116, 167, 177, 209, 245) | |
| 14 | 05/23/2022 | 1ST SUPPLEMENTAL ELEC. RECORD ON APPEAL DATED MAY 20, 2022(ENTRY NOS. 353-364) | |
| 15 | 05/23/2022 | All Transcripts Filed in Record | |
| 16 | 07/05/2022 | APPELLANT BRIEF | View |
| 17 | 07/05/2022 | Oral Argument Request by Appellant | |
| 18 | 07/06/2022 | MOTION FOR MOTION FOR ADDITIONAL PAGES BY APPELLANT | |
| 19 | 07/06/2022 | ACTION BY CHIEF DEPUTY CLERK (granted 1 page) - Granted | |
| 20 | 07/06/2022 | Rec'd corrections to ATB | |
| 21 | 07/08/2022 | Rec'd 3 copies of ATB back from CD. | |
| 22 | 08/04/2022 | APPELLEE BRIEF | View |
| 23 | 08/08/2022 | Rec'd 3 copies of AEB from CSD | |
| 24 | 08/18/2022 | NOTICE OF ORAL ARGUMENT SENT | |
| 25 | 08/18/2022 | REPLY BRIEF | View |
| 26 | 08/19/2022 | Intent to Particpate in Oral Argument by Appellee | |
| 27 | 08/19/2022 | Rec'd 3 copies of RYB from CSD | |
| 28 | 09/26/2022 | APPEARANCES: Ryan C. McCamy; Tory J. Jackson | |
| 29 | 09/26/2022 | ARGUED: Ryan C. McCamy; Tory J. Jackson | |
| 30 | 09/26/2022 | ORAL ARGUMENT WEBCAST | |
| 31 | 02/02/2023 | ANNOUNCED DISQUALIFICATION : Bahr, Douglas Alan | |
| 32 | 03/03/2023 | DISPOSITION | |
| 33 | 03/03/2023 | UNANIMOUS OPINION : Per Curiam | View |
| 34 | 03/03/2023 | Costs taxed in favor of Appellees | |
| 35 | 03/03/2023 | Judgment | View |
| 36 | 03/17/2023 | PETITION FOR REHEARING | View |
| 37 | 03/20/2023 | Rec'd corrections to PER | |
| 38 | 03/20/2023 | Rec'd 4 copies of PER from CSD | |
| 39 | 03/23/2023 | ACTION BY SUPREME COURT - Denied | View |
| 40 | 03/31/2023 | MANDATE | |
| 41 | 04/13/2023 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | View |