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Mullin, et al. v. Pendlay

Docket No. 20220148
Oral Argument: Tuesday, September 20, 2022 2:45 PM

Docket Info

Title
Clinton R. Mullin and Valrena M. Nelson, Plaintiffs and Appellants
v.
Elizabeth L. Pendlay, Defendant and Appellee
Case Type
CIVIL APPEAL : MALPRACTICE
Appeal From
Case No. 2020-CV-00013
Northwest Judicial District, Divide County
Lindsey Renee Nieuwsma
2022 ND 205982 N.W.2d 330
Oral Argument 9/20/2022

Highlight

Common law theory of imposing a trust based upon a confidential relationship is still present in North Dakota law.

To successfully plead the defense of unclean hands/illegality the defendant must not have been a participant in the unlawful act.

When it is alleged that an attorney negligently failed to perform some act on behalf of the client, the plaintiff must allege and prove performance of the act would have benefited the client.

If a party fails to provide supporting argument for an issue listed in their brief, they are deemed to have waived that issue.


Briefs

Filing Date Description
06/27/2022 APPELLANT BRIEF View
07/27/2022 APPELLEE BRIEF View
08/09/2022 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Alan Baker - 04122
APPELLEE PRIVATE PRACTICE Richard John Thomas - 08634
APPELLEE PRIVATE PRACTICE Not Licensed in ND - 00002

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

Seq. # Filing Date Description Attachment
1 05/19/2022 NOTICE OF APPEAL : 05/19/2022
2 05/24/2022 Filing fee has been rec'd
3 05/24/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 05/24/2022 Notice Served on Alan Baker/Richard J. Thomas & Chris G. Angell
5 06/20/2022 ELEC. RECORD ON APPEAL DATED JUNE 17, 2022 (ENTRY NOS.1-313, 336-380). Deleted Entry Nos. 314-335.
6 06/27/2022 APPELLANT BRIEF View
7 06/27/2022 Oral Argument Request by Appellant
8 06/27/2022 Rec'd requested corrections to ATB & proof of service
9 07/06/2022 Rec'd copies of ATB from Central Duplicating
10 07/21/2022 MOTION FOR ADDITIONAL PAGES IN BRIEF BY APPELLEE
11 07/22/2022 ACTION BY CHIEF JUSTICE (no longer than 50 pages) - Granted
12 07/27/2022 Non-compliant AEB rec'd (out of state attorney not in compliance) Given until 8/1/22 to comply
13 07/27/2022 APPELLEE BRIEF View
14 07/27/2022 Oral Argument Request by Appellee
15 07/28/2022 Updated Affidavit from Chris G. Angell for pro hac vice appearance
16 07/29/2022 Rec'd copies of AEB from Central Duplicating
17 08/09/2022 REPLY BRIEF View
18 08/10/2022 Rec'd corrected certificate of service for reply brief
19 08/11/2022 Rec'd copies of RYB from Central Duplicating
20 08/18/2022 NOTICE OF ORAL ARGUMENT SENT
21 09/20/2022 APPEARANCES: Appellant waived under N.D.R.App.P. 34(e); Richard J. Thomas
22 09/20/2022 ARGUED: Appellant waived under N.D.R.App.P. 34(e); Richard J. Thomas
23 09/20/2022 ORAL ARGUMENT WEBCAST
24 11/23/2022 DISPOSITION
25 11/23/2022 UNANIMOUS OPINION : Jensen, Jon J. View
26 11/23/2022 Judgment View
27 11/23/2022 Costs taxed in favor of Appellee
28 12/06/2022 PETITION FOR REHEARING (AMENDED PETITION FOR REHEARING FILED 12/7/22)
29 12/07/2022 Rec'd corrections to PER
30 12/07/2022 PETITION FOR REHEARING View
31 12/09/2022 Rec'd copies of PER from Central Duplicating
32 12/21/2022 ACTION BY SUPREME COURT - Denied View
33 12/29/2022 MANDATE
34 03/01/2023 Corrected/Substitute Opinion Page (Pg 4, para 10, ln 5 "GMD" corrected to "GMR")