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EVI COLUMBUS, LLC v. LAMB

No. 20110320.

818 N.W.2d 724 (2012)

2012 ND 141

EVI COLUMBUS, LLC, Plaintiff and Appellee, v. Timothy C. LAMB and Elizabeth Fletcher Lamb, and any person in possession; and all persons unknown claiming any interest in or lien or encumbrance upon the real estate described in the Complaint, Defendants and Appellants.

Supreme Court of North Dakota.

July 12, 2012.

Attorney(s) appearing for the Case

Scott J. Landa (argued) and Sara R. Heilman (appeared), Grand Forks, N.D., for plaintiff and appellee.

John J. Gosbee (argued), Fort Yates, N.D., for defendants and appellants.

MARING, Justice.

[¶ 1] Timothy and Elizabeth Lamb ("Lambs") appeal from a summary judgment cancelling their contract for deed with EVI Columbus, LLC ("EVI") and awarding EVI its costs incurred in cancelling the contract for deed. We conclude the trial court did not abuse its discretion by denying the Lambs' motion to amend their answer to include counterclaims against EVI and refusing to construe the Lambs' affirmative defenses as counterclaims; the trial court...

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