Thomas v. Stone

20050269 Joan M. Thomas, Plaintiff and Appellee
and
Brittany M. Stone
and Megan M. Stone, Plaintiffs
v.
Wendy A. Stone, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Douglas R. Herman
Nature of Action: Other (Civil)
Counsel:
Appellee: Stefanson, Plambeck & Foss
Appellant: #Ohnstad Twichell, P.C.
Term: 12/2005   Argument: 12/01/2005  10:45am
ND cite: 2006 ND 59
NW cite: 711 N.W.2d 199

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Did the district court err when it determined that an ex-wife should get the entire one-half of the proceeds of her deceased, ex-husband's insurance policy in the amount of $125,000 when the divorce judgment required the ex-husband to name his ex-wife as the beneficiary of one-half of the life insurance as security for child support obligations, when the ex-husband had only one payment of child support in the amount of $62 remaining at the time of his death, and when the ex-husband named his surviving wife as the beneficiary of the life insurance policy?

Appellee's Statement of the Issues:
1. Whether the District Court erred by awarding life insurance proceeds to an insured's ex-wife where insured named his surviving wife as beneficiary in violation of the insured's divorce decree which required ex-wife to be named beneficiary until termination of insured's obligation to pay child or spousal support to the ex-wife.

Add Docket 20050269 RSS Add Docket 20050269 RSS

Docket entries:
108/10/2005 NOTICE OF APPEAL: 08/08/2005
208/10/2005 ORDER FOR TRANSCRIPT: 08/08/2005
308/25/2005 TRANSCRIPT DATED June 21, 2005
408/25/2005 DISK - tra (6-21-05) (e-mailed)
509/08/2005 RECORD ON APPEAL (Not Rec'd: #21--tape)
610/04/2005 APPELLANT BRIEF(pdf)
710/04/2005 E-FILED BRIEF (ATB)
810/04/2005 APPELLANT APPENDIX
910/04/2005 E-FILED APPENDIX (ATA)
1010/05/2005 Payment of $25 surcharge for the ATB (Receipt #16317)
1110/07/2005 Received 7 copies of ATB from central duplicating
1210/07/2005 Received 6 copies of ATA from central duplicating
1310/28/2005 APPELLEE BRIEF
1410/31/2005 DISK - AEB
1511/14/2005 REPLY BRIEF (pdf)
1611/14/2005 E-FILED BRIEF (RYB (pdf))
1711/14/2005 Copies made of RYB
1812/01/2005 APPEARANCES: Thomas D. Fiebiger and Wendy A. Stone; Todd W. Foss and Joan M. Thomas
1912/01/2005 ARGUED: Fiebiger; Foss
2012/01/2005 ORAL ARGUMENT WEBCAST
2103/29/2006 DISPOSITION: AFFIRMED
2203/29/2006 UNANIMOUS OPINION: Crothers, Daniel John
2303/29/2006 Costs on appeal taxed in favor of appellee
2404/04/2006 Judgment Mailed to Parties
2505/03/2006 MANDATE
2605/08/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/30/2014