Langer v. Pender

20080115 Henry J. Langer and
Mary Ann Weiss, Plaintiffs and Appellants
v.
Phillip M. Pender, individually,
as Trustee of the Phillip M. Pender
and Josephine I. Pender Revocable
Inter Vivos Trust Agreement dated
November 20, 1996, and as Personal
Representative of the Estate of
Josephine I. Pender, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Wade L. Webb
Nature of Action: Probate - Wills - Trusts
Counsel:
Appellee: Ohnstad Twichell, P.C.
Appellant: Nilles, Plambeck, Selbo & Harrie, Ltd.
Term: 10/2008   Argument: 10/14/2008  2:00pm
ND cite: 2009 ND 51
NW cite: 764 N.W.2d 159

Listen to recording of oral argument
using RealPlayer Basic,© a free download.

Issues: Appellant's Statement of the Issues:
I. Whether the District Court's Order Granting Summary Judgment to Defendants'/Appellees' must be reversed and the corresponding Judgment vacated.
II. If the first Issue is answered in the affirmative, whether the district court should be required to enter Summary Judgment in favor of Plaintiffs'/Appellants' because Plaintiffs/Appellants are entitled to Summary Judgment as a matter of law.

Add Docket 20080115 RSS Add Docket 20080115 RSS

Docket entries:
105/19/2008 NOTICE OF APPEAL: 05/15/2008
205/19/2008 ANNOUNCED DISQUALIFICATION: Crothers, Daniel John
306/16/2008 RECORD ON APPEAL and separates including transcript dated 12-19-07. Not sent were No. 32, 54
406/16/2008 and 64 (Tapes)
506/24/2008 APPELLANT BRIEF (e-filed)
606/24/2008 E-FILED BRIEF (ATB)
706/24/2008 APPELLANT APPENDIX (e-filed)
806/24/2008 E-FILED APPENDIX (ATA)
907/02/2008 Received $25 surcharge for ATB (Receipt No. 18162)
1007/08/2008 Received additional $1.50 surcharge for ATA (Receipt No. 18164)
1107/08/2008 Received 7 cc of ATB from Central Duplicating
1207/08/2008 Received 6 cc of ATA from Central Duplicating
1307/28/2008 APPELLEE BRIEF (E-FILED) PDF
1407/28/2008 E-FILED BRIEF (AEB) PDF
1507/28/2008 APPELLEE APPENDIX (e-filed)
1607/28/2008 E-FILED APPENDIX (AEA)
1707/29/2008 Received $25 surcharge for AEB (Receipt #18192)
1807/31/2008 Received copies of AEB from central duplicating
1907/31/2008 Received copies of AEA from central duplicating
2008/12/2008 REPLY BRIEF of Appellants
2108/12/2008 E-FILED BRIEF (RYB)
2208/12/2008 Copies of Reply Brief from Central Duplicating
2309/30/2008 SITTING WITH THE COURT: Olson, Everett Nels
2410/14/2008 APPEARANCES: Mark R. Hanson; Christopher M. McShane
2510/14/2008 ARGUED: Hanson; McShane
2610/14/2008 ORAL ARGUMENT WEBCAST
2704/06/2009 DISPOSITION: AFFIRMED AND MODIFIED
2804/06/2009 SPLIT OPINION: Sandstrom, Dale V.
2904/06/2009 Concurring in the result: VandeWalle, Gerald W.: CONCUR
3004/06/2009 Costs on Appeal taxed in favor of appellee
3104/07/2009 Judgment E-Mailed to Parties
3205/01/2009 MANDATE
3305/11/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 04/17/2014