4201 2nd Ave W v. First State Bank & Trust, et al.
Docket Info
- Title
- 4201 2nd Ave. W., LLC, d.b.a. Safari Fuels 105, Plaintiff and Appellant
v.
First State Bank & Trust, Defendant and Appellee
and
First State Bank & Trust, Third-Party Plaintiff
and Appellee
v.
4201 2nd Ave. W., LLC; Third-Party Defendant
and Appellant
and
Safari Fuels Management, LLC; Topped Off Coffee, LLC; Third-Party Defendants
and
City of Williston, Third-Party Defendant
and Appellee - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 2021-CV-00979
Northwest Judicial District, Williams County
Kirsten Marie Sjue
Parties' Statement of Issues
-
Appellant
1. Whether the District Court erred in ruling First State Bank was not barred by application of Section 32-19-06.1 N.D.C.C. from obtaining a deficiency judgment in the subject prior foreclosure action as a matter oflaw. (de novo review)
2. Whether by application of Rule 60 N.D.R.Civ.P. the District Court erred in ruling First State Bank still held a valid and enforceable lien in and to the subject liquor license and other personal property collateral as a matter oflaw. (de novo review)
3. Whether the District Court erred in ruling 4201 d.b.a. Safari Fuels, LLC did not have required privity, as assignee of the subject liquor license and personal property, to here in this action maintain First State Bank is now prevented by waiver, collateral estoppel and res judicata to foreclose any lien, in and to, the subject liquor license and personal property collateral as a matter oflaw. (de novo review)
4. Whether upon remand 4201 is entitled to recover its attorney's fees provided for under the Pledge Agreement as a matter of contract interpretation as a matter of law. ( de novo review) -
Appellee 1
[¶1] Whether the district court erred in finding that the Bank continued to hold a valid and enforceable security interest in the liquor license, the coffee kiosk, the walk-in freezer, and the Kohler generator.
[¶2] Whether the district court erred in finding that the Bank was entitled to foreclose its security interest in the liquor license and other personal property.
[¶3] Whether the district court erred in finding that the Bank was entitled to its reasonable attorneys’ fees and expenses under the terms of the Third-Party Pledge of Personal Property (Liquor License). -
Appellee 2
¶3. Whether the District Court erred when it determined First State Bank was not from obtaining a deficiency judgment.
¶4. Whether the District Court erred when it ruled First State Bank held a valid and enforceable lien in and to the subject liquor license and other personal property collateral as a matter of law.
¶5. Whether the District Court erred in ruling 4201, d.b.a Safari Fuels, LLC (4201), when it concluded waiver, collateral estoppel and res judicata to foreclosure against the liquor license did not apply.
¶6. Whether upon remand 4201 is entitled to recover its attorney’s fees provided for under the Pledge Agreement as a matter of contract interpretation as a matter of law.
Summary
4201 2nd Ave. W., LLC d/b/a Safari Fuels 105 (“4201”) appeals a district court’s judgment finding First State Bank & Trust had a valid and enforceable security interest in a liquor license and other collateral after 4201 sought a declaratory judgment on the matter. 4201 raises four issues on appeal arguing the district court erred as a matter of law in finding that First State Bank & Trust’s security interest in the liquor license and other collateral was not extinguished in a prior foreclosure action, that a valid and enforceable security interest existed against 4201, that First State Bank & Trust was not barred by res judicata in foreclosing against 4201, and that First State Bank & Trust was entitled to recover reasonable attorney fees and costs.
Counsel
Party | Type | Name |
---|---|---|
APPELLEE | PRIVATE PRACTICE | Wanda L. Fischer - 05128 |
APPELLANT | PRIVATE PRACTICE | Charles L Neff - 04023 |
APPELLEE | PRIVATE PRACTICE | Richard P. Olson - 03183 |
APPELLEE | PRIVATE PRACTICE | Jessica Lee Klein - 06169 |
APPELLEE | PRIVATE PRACTICE | Taylor Dawn Olson - 06963 |
APPELLEE | PRIVATE PRACTICE | Jordon Joseph Evert - 06969 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 10/17/2022 | NOTICE OF APPEAL : 10/17/2022 | View |
2 | 10/21/2022 | Received filing fee | |
3 | 10/21/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | View |
4 | 10/21/2022 | Notice served on Charles L. Neff, Richard P. Olson, Jessica L. Klein, Taylor D. Olson, | |
5 | 10/21/2022 | & Jordon J. Evert | |
6 | 11/08/2022 | MOT. EXT/TIME APPELLANT BRIEF | |
7 | 11/08/2022 | ACTION BY CLERK - Granted : 12/06/2022 | |
8 | 11/14/2022 | ELEC. RECORD ON APPEAL DATED NOVEMBER 11, 2022 (ENTRY NOS. 1-144) | View |
9 | 12/05/2022 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 2, 2022(ENTRY NOS. 145-146) | View |
10 | 12/06/2022 | APPELLANT BRIEF | View |
11 | 12/06/2022 | Oral Argument Request by Appellant | |
12 | 12/08/2022 | Rec'd corrections to ATB | |
13 | 12/09/2022 | Rec'd 3 copies of ATB back from CD | |
14 | 12/19/2022 | MOT. EXT/TIME APPELLEE BRIEF (First State Bank & Trust) | View |
15 | 12/19/2022 | ACTION BY CLERK (First State Bank & Trust) - Granted : 01/12/2023 | |
16 | 12/21/2022 | MOT. EXT/TIME APPELLEE BRIEF (City of Williston) | View |
17 | 12/21/2022 | ACTION BY CLERK (City of Williston) - Granted : 01/12/2023 | |
18 | 01/12/2023 | APPELLEE BRIEF (FIRST STATE BANK & TRUST) | View |
19 | 01/12/2023 | APPELLEE BRIEF (CITY OF WILLISTON) | View |
20 | 01/13/2023 | Rec'd 3 copies of AEB (First State Bank & Trust) from CSD | |
21 | 01/13/2023 | Rec'd corrections for AEB - Williston | |
22 | 01/17/2023 | Rec'd 3 copies of AEB -First State Bank and Trust from CSD | |
23 | 01/23/2023 | Rec'd 3 copies of AEB - Williston | |
24 | 01/23/2023 | Rec'd 3 copies of AEB -First State Bank and Trust from CSD | |
25 | 01/24/2023 | NOTICE OF ORAL ARGUMENT SENT | |
26 | 01/25/2023 | Intent to Particpate in Oral Argument by Appellee (First State Bank & Trust) | View |
27 | 01/25/2023 | REPLY BRIEF | View |
28 | 01/26/2023 | Rec'd corrections to RYB (bottom margin, toc ref para, convert rather than scan) | |
29 | 01/30/2023 | Rec'd c.o.s. for corrections to RYB | |
30 | 01/30/2023 | ANNOUNCED DISQUALIFICATION : Bahr, Douglas Alan | |
31 | 01/30/2023 | Rec'd 3 copies of RYB from CSD | |
32 | 01/30/2023 | SITTING WITH THE COURT : Schmalenberger, Allan L. | |
33 | 02/06/2023 | APPEARANCES: Charles L. Neff; Jessica L. Klein | |
34 | 02/06/2023 | ARGUED: Charles L. Neff; Jessica L. Klein | |
35 | 02/06/2023 | ORAL ARGUMENT WEBCAST |