Open Road Trucking v. Swanson, et al.
Annotate this CaseIn September 2018, Western State Bank sued Swanson and James Lund to enforce commercial guaranties executed by Leland Swanson and Lund. Swanson and Lund consented to entry of judgment, and a $1,334,374.25 judgment was entered against Swanson and Lund. The judgment stated Swanson and Lund were jointly and severally liable. Swanson paid the judgment in full, and contemporaneously, Western State Bank assigned the judgment to Swanson. The next day, Swanson assigned his interest in the judgment to Open Road Trucking. The assignment from Swanson stated it assigned his contribution interest against Lund for $670,952.24, one-half of the judgment amount. Open Road Trucking, LLC, appealed district court orders: (1) denying Open Road’s application for a charging order lien against Lund; and (2) directing satisfaction of a judgment against Lund and Swanson. After review, the North Dakota Supreme Court concluded Open Road was entitled to take an assignment of the judgment for the purpose of enforcing contribution against Lund. The Court reversed the district court’s order denying Open Road’s application for a charging order, and remanded for entry of a charging order against Lund’s transferrable interests in the limited liability companies. The Court reversed a part of the court’s February 2019 order directing entry of satisfaction of the judgment. The Court affirmed that part of the order cancelling any execution of judgment for the full amount of the judgment.
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