Tarnavsky v. Tarnavsky
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| 20070021 |
Morris Tarnavsky, Plaintiff and Appellee
v.
Edward Tarnavsky, personally
and as Trustee of the Mary E.
Tarnavsky Irrevocable Trust,
and Janet L. Bishop, Defendants and Appellants
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| Appeal from: |
District Court,
Northwest Judicial District,
McKenzie County
Judge David W. Nelson |
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Nature of Action: |
Probate - Wills - Trusts
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| Counsel: |
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| Term: |
10/2007 Argument: 10/25/2007 10:45am
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| ND cite: |
2007 ND 183
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| NW cite: |
742 N.W.2d 840
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I. Did the court err in disregarding the plain language of the land Trust granting the life estate of the East « of sec 21-147-99, subject to Article VII of the Trust Agreement?
II. Did the court err in denying relief from the NDRCvP60 motion?
III. Is the receiver negligent in failing to make inventory , appraisal, Trust distributions and Tax returns?
Appellee's Statement of the Issues:
1. Whether the lower court abused its discretion in failing to grant relief pursuant to Rule 60(B)(III) of the North Dakota Rules of Civil Procedure?
2. Whether the lower court's judgment is void?
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| 1 | | 01/18/2007 | |
NOTICE OF APPEAL: 01/12/2007 |
| 2 | | 01/18/2007 | |
ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W. |
| 3 | | 02/09/2007 | |
RETENTION OF RECORD ON APPEAL: 05/30/2007 |
| 4 | | 02/13/2007 | |
ORDER FOR TRANSCRIPT: 01/30/2007 |
| 5 | | 02/13/2007 | |
Due date for ATB reset because OTR was not timely filed |
| 6 | | 02/13/2007 | |
ACTION BY CLERK (due date for ATB reset because OTR was not timely filed). Granted: 02/21/2007 |
| 7 | | 02/14/2007 | |
Motion for Extension of Time to file Appellant's Brief (40 days after TRA is filed) |
| 8 | | 02/14/2007 | |
ACTION BY CLERK (Motion for extension of ATB). Granted: 07/10/2007 |
| 9 | | 03/19/2007 | |
MOT. EXT/TIME TRANSCRIPT |
| 10 | | 03/19/2007 | |
ACTION BY TRIAL COURT. Granted: 04/30/2007 |
| 11 | | 04/26/2007 | |
MOT. EXT/TIME TRANSCRIPT |
| 12 | | 04/26/2007 | |
E-FILED MOTION for Extension of Time to File Transcript |
| 13 | | 04/27/2007 | |
ACTION BY Chief Deputy Clerk (MTR). Granted: 05/30/2007 |
| 14 | | 05/31/2007 | |
TRANSCRIPTS DATED 6/12/02, 8/30/02, 4/17/03, 5/7/04, 6/25/04, 4/7/05, 5/9/06 & 7/11/06 |
| 15 | | 05/31/2007 | |
DISK-tra(6/12/02, 8/30/02, 4/17/03, 5/7/04, 6/25/04, 4/7/05, 5/9/06 & 7/11/06) electronic |
| 16 | | 05/31/2007 | |
Certificate of Service of Transcripts |
| 17 | | 06/28/2007 | |
RECORD ON APPEAL (3 Vol.) |
| 18 | | 07/10/2007 | |
APPELLANT BRIEF |
| 19 | | 07/20/2007 | |
APPELLANT APPENDIX |
| 20 | | 07/23/2007 | |
Corrected TOA for ATB |
| 21 | | 07/23/2007 | |
DISK - atb |
| 22 | | 08/06/2007 | |
APPELLEE BRIEF |
| 23 | | 08/07/2007 | |
DISK - AEB |
| 24 | | 09/20/2007 | |
SITTING WITH THE COURT: Clapp, Sonja |
| 25 | | 10/25/2007 | |
APPEARANCES: Edward Tarnavsky. pro se; David A. Tschider |
| 26 | | 10/25/2007 | |
ARGUED: Tarnavsky; Tschider |
| 27 | | 10/25/2007 | |
ORAL ARGUMENT WEBCAST |
| 28 | | 11/26/2007 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 29 | | 11/26/2007 | |
UNANIMOUS OPINION: Per Curiam |
| 30 | | 11/26/2007 | |
Costs on appeal taxed in favor of appellee |
| 31 | | 11/26/2007 | |
Judgment Mailed to Parties |
| 32 | | 12/18/2007 | |
MANDATE |
| 33 | | 12/27/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |