Astra Merck Group Corp. v. Aveyra, 2007 ND 163, ¶ 25, 530 N.W.2d 186. Astra has set forth several reasons for the affirmance of the trial court’s judgment. Some of the reason for the trial court’s judgment is the extensive record before the court. In its answer to InterPublic Partners’ First Amended Complaint, (Astra’s Answer to InterPublic’), the court stated that it had considered the history of the controversy and concluded that the disputed matter, with its original factual allegations, owed no actual or potential equity to Astra. The court granted InterPublic’s motion in part and denied Cont’s further motion in part and concluded that Astra was not injured by any claims because Astra relied on his own documents in his post-disciplinary action to secure compensation from Bunn. As a result, Astra’s underlying suit was disposed of as against Bunn.
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See id. at ¶ 28. And although InterPublic similarly asserts that the allegations regarding Cont’s payment were baseless, see id. at ¶ 29, Bunn is not at fault. Bunn is correct that Astra owed no actual or possible equity to Astra, having received the payings it made prior to trial. But the evidence that prompted the court’s earlier valuation determination is insufficient to establish fault. Because the trial court was troubled by the prior valuation, it was also troubled by its conclusion that Astra did not owe any actual or possible equity, including any potential value to Pritchett. Astra contends that the trial court applied an incorrect standard of proof on this issue, because the trial court had adopted findings of fact made by the jury. Astra maintains that it is entitled to a verdict for Jernigan. Likewise, the evidence established that Astra has made a number of payments to Jernigan’s present and former wife.
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Those payments came in early 2005. On April 12, 2005, Bunn also made payments to Astra from his previous wife. Specifically, the trial court found that Jernigan has approximately $175,000 remaining after the filing of the first counterclaim, which was in the amount of $8,039.35. Specifically, the trial court found Jernigan to be entitled to approximately $4,000 more from what he brought to the property market than Astra brought, as against Bunn. Astra contends that this was not enough to sustain Jernigan’s claim. Likewise, the evidence showed that Bunn filed a counterclaim against Astra. The trial court had some evidence that the counterclaim was filed October 12, 2002, the same year that the first counterclaim was filed. Bunn was asked to represent that Jernigan was barred by the statute of limitations because his representation was made before Jernigan’s first claims filing. However, neither party has alleged that Jernigan was barred by the statute of limitations.
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