PLS Services v. Clear Creek Retirement Plan, et al.

Docket Number20200270
Decision Date03 June 2021
PLS Services appealed a district court’s amended summary judgment dismissing its complaint against Valueplus Consulting, LLC, relating to a mortgage priority dispute. In February 2014, PLS was assigned two mortgages executed June 29, 2012, and recorded on July 10, 2012, against certain Williams County real property owned by Clear Creek Retirement Plan LLC. The mortgages and assignments to PLS contained incorrect legal descriptions and were therefore recorded in an errant tract index. Clear Creek and Valueplus...

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4 cases
  • Energy Transfer LP v. N.D. Private Investigative & Sec. Bd.
    • United States
    • North Dakota Supreme Court
    • April 28, 2022
    ...jurisdiction when an interlocutory appeal is taken and that the requirements of Rule 54(b) have been met. PLS Servs., LLC v. Valueplus Consulting, LLC , 2021 ND 99, ¶ 7, 960 N.W.2d 780. " ‘Only judgments and decrees which constitute a final judgment of the rights of the parties to the actio......
  • Behle v. Darren Harr Representative of the Estate
    • United States
    • North Dakota Supreme Court
    • October 28, 2021
    ...properly granted summary judgment is a question of law which we review de novo on the entire record. PLS Servs., LLC v. Valueplus Consulting, LLC , 2021 ND 99, ¶ 13, 960 N.W.2d 780 (quoting Thompson-Widmer v. Larson , 2021 ND 27, ¶ 10, 955 N.W.2d 76 ).III[¶6] Behle argues the district court......
  • Swanson v. Mark E. Larson & Mark E. Larson, Cpa, PLLC
    • United States
    • North Dakota Supreme Court
    • December 9, 2021
    ...additional time for discovery under N.D.R.Civ.P. 56(f) is within the district court's sound discretion." PLS Servs., LLC v. Valueplus Consulting, LLC , 2021 ND 99, ¶ 22, 960 N.W.2d 780. A court abuses its discretion if it acts in an arbitrary, unreasonable, or unconscionable manner, it misi......
  • State v. Howard
    • United States
    • North Dakota Supreme Court
    • June 3, 2021