Guardianship/Conservatorship of Onstad

20040235 In the Matter of the Guardianship
and Conservatorship of Doris Muriel Onstad
--------------
Elizabeth Onstad, Petitioner and Appellant
v.
Mary Onstad and
John Onstad, Guardians
and Conservators, Respondents and Appellees
--------------
Doris Muriel Onstad, through
her Guardian Ad Litem, C. Nicholas
Vogel, Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Douglas R. Herman
Nature of Action: Guardian/Conservator
Counsel:
Appellee: Mark R. Hellerud
Appellant: Mertz Law Office
Appellee: Vogel Law Firm
Term: 09/2005   Argument: 09/01/2005  10:45am
ND cite: 2005 ND 158
NW cite: 704 N.W.2d 554


Issues: Appellant's Statement of the Issues:
I. Did Elizabeth Onstad have a meaningful opportunity to be heard on her application to be her mother's guardian?
II. Should Doris Onstad, the proposed ward, have been present at the guardianship hearings?
III. Did the Court fail to prepare findings as required by Rule 52, N.D.R.Civ.P.?
IV. Was the clear and convincing standard of proof met?
V. Was the Order of June 10, 2004 signed in violation of Rule 63, N.D.R.Civ.P.?
VI. Was the Conditional Order of Eviction of November 16, 2004 defective for violation of res judicata, NDCC 33-06-04, incorrect assumption of jurisdiction, and failure of notice?
VII. Was the guardians' determination to evict Elizabeth in the best interest of the ward?
VIII. Did Elizabeth present a timely claim for priority of appointment?

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Docket entries:
108/20/2004 NOTICE OF APPEAL: 08/18/2004
208/20/2004 ORDER FOR TRANSCRIPT: 08/18/2004
308/20/2004 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
408/25/2004 Acknowledgment of Order for Transcript from Gail Wells
509/07/2004 Notice of suspension of preparation of tra from Sandi Ehrmantraut - another tra is being prepared
609/07/2004 by Gail Wells
709/14/2004 RETENTION OF RECORD ON APPEAL (Gail Wells): 10/07/2004
809/15/2004 Letter dated 9-14-04 from Sandi Ehrmantraut informing this office that payment for tra rec'd
909/22/2004 TRANSCRIPTS DATED August 27, 2002, December 19, 2002, January 12, 2004, and January 15, 2004
1009/22/2004 DISK - TRA's of Aug. 27, 2002, Jan 12, 2004 & Jan. 15, 2004
1109/24/2004 DISK - TRA of Dec 19, 2002
1209/24/2004 RECORD ON APPEAL (2 Volumes) including transcript dated Dec. 19, 2002. Not included w/the ROA were
1309/24/2004 Nos. 12, 41 and 61 (Tapes) and No. 71 (Steno Notes)
1410/14/2004 MOTION FOR RETURN OF ROA (Ltr. of 10-13-04 fm. Mark Hellerud)
1510/18/2004 RETURN OF ROA TO DIST. CT.
1610/18/2004 ACTION BY CLERK. Granted
1710/22/2004 MOT. EXT/TIME APPELLANT BRIEF (Letter dated 10-21-04 from Elizabeth Onstad)
1810/22/2004 ACTION BY CLERK. Granted: 12/01/2004
1911/24/2004 MOTION TO DECLARE NOVEMBER 4TH DISTRICT COURT HEARING VOID. RspDue: 12/06/2004
2011/24/2004 MOT. EXT/TIME APPELLANT BRIEF (part of Motion to Declare Nov. 4th Dist. Ct. Hrg. Void)
2111/24/2004 ACTION BY CHIEF JUSTICE. Granted: 12/13/2004
2211/24/2004 REFILED RECORD ON APPEAL & TRA dated 12-19-02 (not rec'd: Cert. Nos. 12, 41, 61, 106 (tapes); &
2311/24/2004 No. 71 (steno notes)
2412/02/2004 Response to Motion to Declare November 4th District Court Hearing Void and For Extension of Time
2512/03/2004 Letter dated 12-2-04 from Mark Hellerud joining in the Responde of Doris Onstad to Motion
2612/06/2004 Reply to Response to Motion to Declare November 4th Hearing Void
2712/08/2004 ACTION BY SUPREME COURT (Mot. Declare Hearing Void). Denied
2812/08/2004 MOT. EXT/TIME APPELLANT BRIEF (Motion filed 11-24-04 reconsidered by Chief Justice)
2912/08/2004 ACTION BY CHIEF JUSTICE (Mot/Ext/Time/ATB reconsidered). Granted: 01/03/2005
3012/20/2004 Supplemental Clerk's Certificate dated 12-16-04 (Entry Nos. 113-115)
3112/20/2004 Second Notice of Appeal entitled "Supplemental Notice of Appeal" filed in trial court 12-16-04
3212/20/2004 Supplemental OTR RE: Requested TRA of 11-4-04 hearing
3312/20/2004 MOT. EXT/TIME TRANSCRIPT (Transcript of 11-4-04 hearing) (Sua Sponte) (extended due to Supplemental
3412/20/2004 Order for Transcript)
3512/20/2004 ACTION BY CLERK (MTR) (sua sponte). Granted: 02/07/2005
3612/30/2004 Letter from Roger Mjones suspending preparation of the transcript for nonpayment
3712/30/2004 Transcript of 11-4-04 transcript suspended
3801/12/2005 Letter from Mr. Mjones dated 1-11-05(payment for tran. received & preparation of Trans. is resumed)
3901/12/2005 MOT. EXT/TIME APPELLANT BRIEF (sua sponte)
4001/12/2005 ACTION BY CLERK (ATB is due 30 days after 11-4-04 TRA is filed; 3-9-05 is approx. date). Granted: 03/14/2005
4102/03/2005 MOT. EXT/TIME TRANSCRIPT
4202/03/2005 ACTION BY TRIAL COURT. Granted: 03/16/2005
4302/10/2005 TRANSCRIPT DATED November 4, 2004
4402/11/2005 DISK - transcript dated November 4, 2004
4502/11/2005 Certificate of Service of copies of transcript
4603/08/2005 MOT. EXT/TIME APPELLANT BRIEF & Affidavit of Elizabeth Onstad & cert. of service
4703/10/2005 ACTION BY CHIEF JUSTICE. Granted: 04/13/2005
4804/05/2005 Supplemental Clerk's Certificate dated 4-4-05 (Entry Nos. 116 through 146)(not rec'd: #138-Tape)
4904/13/2005 Clerk's Supp. Cert. of Record dated April 12, 2005, entries 148-149 (not rec'd 147-receipt)
5004/13/2005 APPELLANT BRIEF
5104/13/2005 APPELLANT APPENDIX
5204/13/2005 DISK - ATB (e-mailed)
5305/12/2005 APPELLEE BRIEF
5405/13/2005 DISK - aeb
5505/24/2005 SITTING WITH THE COURT: Smith, Kirk
5605/31/2005 REPLY BRIEF
5706/01/2005 DISK - RYB
5806/01/2005 MOTION FOR Stay of Sale of Family Residence & cert. of service. RspDue: 06/13/2005
5906/10/2005 RESPONSE OF DORIS ONSTAD TO MOTION TO STAY SALE OF FAMILY RESIDENCE
6006/10/2005 APPEARANCES: Monty G. Mertz, Elizabeth Onstad; Mark R. Hellerud
6106/10/2005 ARGUED: Mertz; Hellerud (Vol. Z; Page 134)
6206/10/2005 Oral argument not webcast at direction of the Court
6306/16/2005 REPLY TO RESPONSE TO MOTION TO STAY SALE OF FAMILY RESIDENCE
6406/16/2005 E-FILED MOTION (Reply to Response to Motion to Stay Sale of Residence)
6506/17/2005 Additional copies of Reply to Response to Motion to Stay Sale of Residence
6606/22/2005 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
6706/23/2005 ACTION BY SUPREME COURT (Stay the Sale of Family Residence). Granted
6806/23/2005 Stay granted until mandate issued
6907/05/2005 MOTION to Intervene and Motion to Lift Stay; Affidavits in Support
7007/08/2005 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
7107/12/2005 ACTION BY SUPREME COURT (Motion to Intervene & Motion to Lift Stay). Denied
7207/12/2005 Order Mailed to Parties
7307/14/2005 Opposition to Motion to Intervene
7407/25/2005 SITTING WITH THE COURT: Foughty, Donovan John
7507/26/2005 SITTING WITH THE COURT: Graff, Benny A.
7609/01/2005 APPEARANCES: Monty G. Mertz, Elizabeth Onstad; Mark R. Hellerud
7709/01/2005 REARGUED: Mertz; Hellerud
7809/01/2005 Oral argument not webcast at direction of the Court
7909/26/2005 DISPOSITION: REVERSED AND REMANDED
8009/26/2005 UNANIMOUS OPINION: VandeWalle, Gerald W.
8109/26/2005 Judgment Mailed to Parties
8210/18/2005 MANDATE
8310/20/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
8410/28/2011 EXPUNGED - Nonpermanent record items destroyed

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