Guardianship of Shatzka
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| 20030047 |
In the Matter of the Guardianship
of Neva J. Shatzka, an Alleged
Incapacitated Person
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Myron Miller, Petitioner and Appellee
v.
Neva J. Shatzka, Respondent and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Burt L. Riskedahl |
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Nature of Action: |
Guardian/Conservator
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| Counsel: |
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| Term: |
09/2003 Argument: 09/02/2003 09:30am
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| ND cite: |
2003 ND 147
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| NW cite: |
669 N.W.2d 95
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the District Court abused its discretion when it interpreted Section 30.1-28-03(9) of the North Dakota Century Code to allow for the award of attorney fees to the Petitioner, Myron Miller.
II. Whether the District Court was clearly erroneous when it interpreted Section 30.1-28-03 of the North Dakota Century Code to award costs and fees to the moving party on a Motion to Dismiss.
III. Whether the District Court abused its discretion when it allowed Neva Shatzka's special needs trust to pay for Mr. Miller's attorney fees and costs.
Appellee's Statement of the Issues:
I. Whether the District Court abused its discretion in allowing for the award of attorney's fees to Petitioner, Myron Miller?
II. Whether the District Court abused its discretion in awarding costs and fees to the Petitioner, Myron Miller?
III. Whether the District Court abused its discretion in allowing The Neva J. Shatzka Trust to pay the attorney's fees and costs?
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| 1 | | 02/25/2003 | |
NOTICE OF APPEAL: 02/20/2003 |
| 2 | | 02/25/2003 | |
ORDER FOR TRANSCRIPT: 02/20/2003 |
| 3 | | 02/27/2003 | |
Copy of letter dated 2-26-03 from Mr. Peterson w/trial ct. order waiving the filing fee and |
| 4 | | 02/27/2003 | |
supersedeas bond |
| 5 | | 03/20/2003 | |
RETENTION OF RECORD ON APPEAL: 04/11/2003 |
| 6 | | 04/07/2003 | |
TRANSCRIPT DATED October 8, 2002 |
| 7 | | 04/07/2003 | |
DISK - tra (10-8-02) |
| 8 | | 04/10/2003 | |
RECORD ON APPEAL, not forwarded with the record on appeal was No. 30 (Ct. Rep. Notes) |
| 9 | | 05/15/2003 | |
APPELLANT BRIEF |
| 10 | | 05/15/2003 | |
APPELLANT APPENDIX |
| 11 | | 05/15/2003 | |
DISK - ATB |
| 12 | | 06/11/2003 | |
MOT. EXT/TIME APPELLEE BRIEF (faxed letter) |
| 13 | | 06/11/2003 | |
ACTION BY CLERK (MAE). Granted: 06/25/2003 |
| 14 | | 06/27/2003 | |
MOT. EXT/TIME APPELLEE BRIEF (faxed letter dated 6-27-03 from Theresa L. Zimmerman) |
| 15 | | 06/27/2003 | |
ACTION BY CLERK (MAE). Granted: 07/01/2003 |
| 16 | | 07/01/2003 | |
APPELLEE BRIEF |
| 17 | | 07/01/2003 | |
DISK - AEB |
| 18 | | 07/15/2003 | |
Table of Contents for Appellant's Appendix |
| 19 | | 09/02/2003 | |
APPEARANCES: Bradley D. Peterson; Theresa L. Zimmerman |
| 20 | | 09/02/2003 | |
ARGUED: Peterson; Zimmerman (Vol. Y; Page 131) |
| 21 | | 09/02/2003 | |
ORAL ARGUMENT WEBCAST |
| 22 | | 09/23/2003 | |
DISPOSITION: AFFIRMED/PT, REVERSED/PT |
| 23 | | 09/23/2003 | |
UNANIMOUS OPINION: Neumann, William A. |
| 24 | | 09/23/2003 | |
At the direction of the Court, no costs will be taxed on this appeal |
| 25 | | 09/24/2003 | |
Order/Judgment Mailed to Parties |
| 26 | | 10/15/2003 | |
MANDATE |