Thomas v. Stone
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| 20050269 |
Joan M. Thomas, Plaintiff and Appellee
and
Brittany M. Stone
and Megan M. Stone, Plaintiffs
v.
Wendy A. Stone, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Douglas R. Herman |
|
Nature of Action: |
Other (Civil)
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| Counsel: |
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| Term: |
12/2005 Argument: 12/01/2005 10:45am
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| ND cite: |
2006 ND 59
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| NW cite: |
711 N.W.2d 199
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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.
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| 1 | | 08/10/2005 | |
NOTICE OF APPEAL: 08/08/2005 |
| 2 | | 08/10/2005 | |
ORDER FOR TRANSCRIPT: 08/08/2005 |
| 3 | | 08/25/2005 | |
TRANSCRIPT DATED June 21, 2005 |
| 4 | | 08/25/2005 | |
DISK - tra (6-21-05) (e-mailed) |
| 5 | | 09/08/2005 | |
RECORD ON APPEAL (Not Rec'd: #21--tape) |
| 6 | | 10/04/2005 | |
APPELLANT BRIEF(pdf) |
| 7 | | 10/04/2005 | |
E-FILED BRIEF (ATB) |
| 8 | | 10/04/2005 | |
APPELLANT APPENDIX |
| 9 | | 10/04/2005 | |
E-FILED APPENDIX (ATA) |
| 10 | | 10/05/2005 | |
Payment of $25 surcharge for the ATB (Receipt #16317) |
| 11 | | 10/07/2005 | |
Received 7 copies of ATB from central duplicating |
| 12 | | 10/07/2005 | |
Received 6 copies of ATA from central duplicating |
| 13 | | 10/28/2005 | |
APPELLEE BRIEF |
| 14 | | 10/31/2005 | |
DISK - AEB |
| 15 | | 11/14/2005 | |
REPLY BRIEF (pdf) |
| 16 | | 11/14/2005 | |
E-FILED BRIEF (RYB (pdf)) |
| 17 | | 11/14/2005 | |
Copies made of RYB |
| 18 | | 12/01/2005 | |
APPEARANCES: Thomas D. Fiebiger and Wendy A. Stone; Todd W. Foss and Joan M. Thomas |
| 19 | | 12/01/2005 | |
ARGUED: Fiebiger; Foss |
| 20 | | 12/01/2005 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 03/29/2006 | |
DISPOSITION: AFFIRMED |
| 22 | | 03/29/2006 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 23 | | 03/29/2006 | |
Costs on appeal taxed in favor of appellee |
| 24 | | 04/04/2006 | |
Judgment Mailed to Parties |
| 25 | | 05/03/2006 | |
MANDATE |
| 26 | | 05/08/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |