Guardianship/Conservatorship of D.M.O.

20060280 In the Matter of the Guardianship
and Conservatorship of D.M.O.
E.O., Petitioner and Appellant
M.O. and J.O., Guardians, Respondents and Appellees
State Bank and Trust,
E.O., as personal representative
of the Estate of D.M.O., deceased

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Guardian/Conservator
Appellant: Monty Grant Mertz
Appellee: Mark R. Hellerud
Appellee: Vogel Law Firm
Term: 11/2007   Argument: 11/07/2007
ND cite: 2008 ND 100
NW cite: 749 N.W.2d 517

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Whether the issues in this appeal are moot?
Whether the Trial Court's Findings of Fact and Conclusions of Law are erroneous?
Whether Doris Onstad's house should be deeded to Elizabeth Onstad?
Whether Elizabeth Onstad should be awarded all of her attorneys fees, and other attorneys fees should be disallowed?

Appellee's Statement of the Issues:
The Appellees, John and Mary Onstad ("John and Mary"), have no dispute with the Appellant Elizabeth Onstad's ("Elizabeth") Statement of the Issues.
The Court should note, however, that the four issues listed by Elizabeth are not relevant to either the trial court's March 16, 2006, Order or its May 4, 2006 Order, both of which involved procedural and discovery matters. (See App. pp. 19-20, 20-21) Although Elizabeth listed these two earlier Orders in her Notice of Appeal (App. p. 49), she presumably has abandoned that aspect of her case and is appealing only from the trial court's Order dated August 28, 2006. (App. pp. 46-48) That is the Order in which the trial court determined that John and Mary should remain as co-guardians for their mother, Doris Onstad ("Mrs. Onstad"), that State Bank and Trust of Fargo ("State Bank") should replace John and Mary as conservators, that Mrs. Onstad's home should be sold, and that Elizabeth should be reimbursed only for those attorneys fees incurred in connection with her successful appeal to the Supreme Court. (App. pp. 46-47)

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Docket entries:
110/20/2006 NOTICE OF APPEAL: 10/18/2006
210/20/2006 ORDER FOR TRANSCRIPT: 10/18/2006
311/08/2006 Letter from Kristen Erickson RE: suspension of 2-17-06 & 5-1-06 transcripts
411/13/2006 Letter from Stacy Ostlie Re: Received payment for transcript and is starting preparation
511/14/2006 Letter from Kirsten Erickson Re: Received payment for transcript and is starting preparation
611/16/2006 RETENTION OF RECORD ON APPEAL by Monty Mertz (due when ATB is filed): 03/08/2007
711/27/2006 Transcripts dated February 17, 2006 & May 1, 2006
811/27/2006 DISK - tra (February 17, 2006 & May 1, 2006) e-mailed
911/28/2006 TRANSCRIPT DATED July 21, 2006
1011/28/2006 DISK - (e-mailed)(tra -- 7/21/06)
1101/02/2007 MOT. EXT/TIME APPELLANT BRIEF (letter dated January 2, 2007)
1201/02/2007 ACTION BY CLERK. Granted: 02/06/2007
1301/03/2007 Ltr (fax) from C. Nicholas Vogel dated 3-3-07, to Penny Miller regarding briefing schedule
1402/06/2007 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
1502/06/2007 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
1602/05/2007 MOT. EXT/TIME APPELLANT BRIEF (faxed letter from Monty Mertz)
1702/05/2007 E-FILED MOTION (MAT)
1802/06/2007 ACTION BY CHIEF JUSTICE. Granted: 03/08/2007
1903/05/2007 MOTION TO SUBSTITUTE A PARTY AFTER DEATH OF A PARTY (faxed). RspDue: 03/16/2007
2003/05/2007 E-FILED MOTION (Motion to Substitute Party)
2103/08/2007 APPELLANT BRIEF (e-filed)
2203/08/2007 E-FILED BRIEF (ATB)
2303/08/2007 APPELLANT APPENDIX (e-filed; pdf)
2403/08/2007 E-FILED APPENDIX (ATA; pdf)
2503/09/2007 Received $25 surcharge for ATB (Receipt #17304)
2603/12/2007 Made copies of ATB
2703/12/2007 Made copies of ATA
2803/16/2007 Response Filed (Mot to substitute party)
2903/20/2007 Reply to Response (Mot. to substitute party)
3003/21/2007 ACTION BY SUPREME COURT (Motion to Substitute State Bank and Trust as a party.). Denied
3103/21/2007 Appellant is further directed to obtain appointment of a personal representative
3207/24/2007 Certified copy of Order for Formal Probate and Appointment of Personal Representative and Letters
3307/24/2007 Testamentary in Cass Co. No. 09-07-P-00103 (Elizabeth Ohnstad is personal representative)
3407/24/2007 Reset due date for filing of Appellee's Brief after appointment of P.R.
3507/24/2007 ACTION BY Chief Deputy Clerk (reset due date for AEB). Granted: 08/23/2007
3608/01/2007 Corrected covers for Appellant's Brief and Appellant's Appendix
3708/15/2007 APPELLEE BRIEF of Mary Onstad & John Onstad
3808/15/2007 DISK - aeb (Mary Onstad & John Onstad) (e-mailed)
3908/16/2007 Affidavit of Service dated 8-15-07 showing service of AEB on Monty G. Mertz
4008/21/2007 Received Proof of Service of AEB on Sara Sorenson
4108/23/2007 RECORD ON APPEAL (6 Volumes) including separate exhibits and separate transcripts
4208/23/2007 dated December 19, 2002, August 27, 2002, January 12, 2004, January 15, 2004, November 4, 2004
4308/23/2007 Not sent were Nos. 12, 41, 61, 71, 106, 138, 179, 205, 234 (Tapes & Steno Notes)
4410/25/2007 SITTING WITH THE COURT: Anderson, Sonna M.
4510/25/2007 SITTING WITH THE COURT: Foughty, Donovan John
4610/26/2007 letter from Sara Sorenson stating she is waiving oral argument on behalf of State Bank & Trust
4710/26/2007 Letter from John Onstad authorizing Nicholas Vogel to attend oral argument on his behalf.
4811/05/2007 Letter from C.Nicholas Vogel with attached original letter from Mary Onstad authorizing C.Nicholas
4911/05/2007 Vogel to attend oral argument on Ms. Onstad's behalf
5011/07/2007 APPEARANCES: Monty G. Mertz and Elizabeth Onstad; C. Nicholas Vogel
5111/07/2007 ARGUED: Mertz; Vogel
5405/23/2008 UNANIMOUS OPINION: Crothers, Daniel John
5505/23/2008 Costs on appeal taxed in favor of appellant
5606/16/2008 MANDATE
5808/03/2017 EXPUNGED - Nonpermanent record items destroyed

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