Guardianship/Conservatorship of D.M.O.
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| 20060280 |
In the Matter of the Guardianship
and Conservatorship of D.M.O.
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E.O., Petitioner and Appellant
v.
M.O. and J.O., Guardians, Respondents and Appellees
and
State Bank and Trust,
Conservator,
and
E.O., as personal representative
of the Estate of D.M.O., deceased
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Georgia Dawson |
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Nature of Action: |
Guardian/Conservator
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| Counsel: |
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| Term: |
11/2007 Argument: 11/07/2007 10:45am
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| ND cite: |
2008 ND 100
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| NW cite: |
749 N.W.2d 517
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 10/20/2006 | |
NOTICE OF APPEAL: 10/18/2006 |
| 2 | | 10/20/2006 | |
ORDER FOR TRANSCRIPT: 10/18/2006 |
| 3 | | 11/08/2006 | |
Letter from Kristen Erickson RE: suspension of 2-17-06 & 5-1-06 transcripts |
| 4 | | 11/13/2006 | |
Letter from Stacy Ostlie Re: Received payment for transcript and is starting preparation |
| 5 | | 11/14/2006 | |
Letter from Kirsten Erickson Re: Received payment for transcript and is starting preparation |
| 6 | | 11/16/2006 | |
RETENTION OF RECORD ON APPEAL by Monty Mertz (due when ATB is filed): 03/08/2007 |
| 7 | | 11/27/2006 | |
Transcripts dated February 17, 2006 & May 1, 2006 |
| 8 | | 11/27/2006 | |
DISK - tra (February 17, 2006 & May 1, 2006) e-mailed |
| 9 | | 11/28/2006 | |
TRANSCRIPT DATED July 21, 2006 |
| 10 | | 11/28/2006 | |
DISK - (e-mailed)(tra -- 7/21/06) |
| 11 | | 01/02/2007 | |
MOT. EXT/TIME APPELLANT BRIEF (letter dated January 2, 2007) |
| 12 | | 01/02/2007 | |
ACTION BY CLERK. Granted: 02/06/2007 |
| 13 | | 01/03/2007 | |
Ltr (fax) from C. Nicholas Vogel dated 3-3-07, to Penny Miller regarding briefing schedule |
| 14 | | 02/06/2007 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 15 | | 02/06/2007 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 16 | | 02/05/2007 | |
MOT. EXT/TIME APPELLANT BRIEF (faxed letter from Monty Mertz) |
| 17 | | 02/05/2007 | |
E-FILED MOTION (MAT) |
| 18 | | 02/06/2007 | |
ACTION BY CHIEF JUSTICE. Granted: 03/08/2007 |
| 19 | | 03/05/2007 | |
MOTION TO SUBSTITUTE A PARTY AFTER DEATH OF A PARTY (faxed). RspDue: 03/16/2007 |
| 20 | | 03/05/2007 | |
E-FILED MOTION (Motion to Substitute Party) |
| 21 | | 03/08/2007 | |
APPELLANT BRIEF (e-filed) |
| 22 | | 03/08/2007 | |
E-FILED BRIEF (ATB) |
| 23 | | 03/08/2007 | |
APPELLANT APPENDIX (e-filed; pdf) |
| 24 | | 03/08/2007 | |
E-FILED APPENDIX (ATA; pdf) |
| 25 | | 03/09/2007 | |
Received $25 surcharge for ATB (Receipt #17304) |
| 26 | | 03/12/2007 | |
Made copies of ATB |
| 27 | | 03/12/2007 | |
Made copies of ATA |
| 28 | | 03/16/2007 | |
Response Filed (Mot to substitute party) |
| 29 | | 03/20/2007 | |
Reply to Response (Mot. to substitute party) |
| 30 | | 03/21/2007 | |
ACTION BY SUPREME COURT (Motion to Substitute State Bank and Trust as a party.). Denied |
| 31 | | 03/21/2007 | |
Appellant is further directed to obtain appointment of a personal representative |
| 32 | | 07/24/2007 | |
Certified copy of Order for Formal Probate and Appointment of Personal Representative and Letters |
| 33 | | 07/24/2007 | |
Testamentary in Cass Co. No. 09-07-P-00103 (Elizabeth Ohnstad is personal representative) |
| 34 | | 07/24/2007 | |
Reset due date for filing of Appellee's Brief after appointment of P.R. |
| 35 | | 07/24/2007 | |
ACTION BY Chief Deputy Clerk (reset due date for AEB). Granted: 08/23/2007 |
| 36 | | 08/01/2007 | |
Corrected covers for Appellant's Brief and Appellant's Appendix |
| 37 | | 08/15/2007 | |
APPELLEE BRIEF of Mary Onstad & John Onstad |
| 38 | | 08/15/2007 | |
DISK - aeb (Mary Onstad & John Onstad) (e-mailed) |
| 39 | | 08/16/2007 | |
Affidavit of Service dated 8-15-07 showing service of AEB on Monty G. Mertz |
| 40 | | 08/21/2007 | |
Received Proof of Service of AEB on Sara Sorenson |
| 41 | | 08/23/2007 | |
RECORD ON APPEAL (6 Volumes) including separate exhibits and separate transcripts |
| 42 | | 08/23/2007 | |
dated December 19, 2002, August 27, 2002, January 12, 2004, January 15, 2004, November 4, 2004 |
| 43 | | 08/23/2007 | |
Not sent were Nos. 12, 41, 61, 71, 106, 138, 179, 205, 234 (Tapes & Steno Notes) |
| 44 | | 10/25/2007 | |
SITTING WITH THE COURT: Anderson, Sonna M. |
| 45 | | 10/25/2007 | |
SITTING WITH THE COURT: Foughty, Donovan John |
| 46 | | 10/26/2007 | |
letter from Sara Sorenson stating she is waiving oral argument on behalf of State Bank & Trust |
| 47 | | 10/26/2007 | |
Letter from John Onstad authorizing Nicholas Vogel to attend oral argument on his behalf. |
| 48 | | 11/05/2007 | |
Letter from C.Nicholas Vogel with attached original letter from Mary Onstad authorizing C.Nicholas |
| 49 | | 11/05/2007 | |
Vogel to attend oral argument on Ms. Onstad's behalf |
| 50 | | 11/07/2007 | |
APPEARANCES: Monty G. Mertz and Elizabeth Onstad; C. Nicholas Vogel |
| 51 | | 11/07/2007 | |
ARGUED: Mertz; Vogel |
| 52 | | 11/07/2007 | |
ORAL ARGUMENT WEBCAST |
| 53 | | 05/23/2008 | |
DISPOSITION: AFFIRMED/PT, DISMISSED/PT |
| 54 | | 05/23/2008 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 55 | | 05/23/2008 | |
Costs on appeal taxed in favor of appellant |
| 56 | | 06/16/2008 | |
MANDATE |
| 57 | | 06/18/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |