Investors Title Insurance Co. v. Herzig
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| 20090213 |
Investors Title
Insurance Company, Plaintiff
v.
David F. Herzig, Southeastern
Shelter Corporation, and
Sheldon Smith, Personal
Representative of the Estate
of Alphild Herzig, substituted
for Alphild Herzig, Deceased, Defendants
-----
On Appeal
Southeastern Shelter
Corporation, Plaintiff and Appellant
v.
David F. Herzig; and Sheldon
Smith, in his capacity as
Personal Representative of
the Estate of Alphild Herzig,
substituted for Alphild
Herzig, Deceased, Defendants and Appellees
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge David W. Nelson |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
11/2009 Argument: 11/04/2009 02:45pm
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| ND cite: |
2010 ND 169
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| NW cite: |
788 N.W.2d 312
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1)Can the assets of the revocable trust be used to satisfy a judgment creditor's claim and against a beneficiary therein and when the statute permits the attachment of both present and future interests?
2)Did the trial court err in not appointing a Receiver as the statute requires and directs?
3)Did the Court err in cancelling the Lis Pendens, when it lacked jurisdiction to do so and when the facts support the entitlement of Southeastern Shelter to the same?
4)Should the Discovery by way of a Subpoena, been allowed and did the trial court err in not ordering the same and when it would have satisfied the concerns and deficiency that it said existed as to the claim of Southeastern Shelter to Attach the Res
of the Trust?
Appellee's Statement of the Issues:
1. Whether the order appealed from is an appealable order?
2. Whether the district court erred by denying Southeastern's motion to attach trust property?
3. Whether the district court erred by not appointing a receiver?
4. Whether the district court erred by canceling the Lis Pendens?
5. Whether the district court erred by denying Southeastern's motion to compel production of documents?
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| 1 | | 07/16/2009 | |
NOTICE OF APPEAL: 07/13/2009 |
| 2 | | 07/22/2009 | |
Letter from Atty. Rau |
| 3 | | 07/30/2009 | |
Letter from Atty. Rau dated 7-28-09 |
| 4 | | 07/16/2009 | |
RECORD ON APPEAL (filed in 20090051) |
| 5 | | 08/11/2009 | |
Supplemental Clerk's Cert. dated 8-10-09 (Entry Nos. 171-229) (also filed in 20090051) |
| 6 | | 08/24/2009 | |
APPELLANT BRIEF |
| 7 | | 08/24/2009 | |
APPELLANT APPENDIX |
| 8 | | 08/28/2009 | |
Received corrected Cover Pages for ATB & ATA and Page 193 for ATA |
| 9 | | 08/28/2009 | |
DISK - ATB corrected |
| 10 | | 09/23/2009 | |
MOT. EXT/TIME APPELLEE BRIEF (e-filed) |
| 11 | | 09/23/2009 | |
E-FILED MOTION (MAE) |
| 12 | | 09/23/2009 | |
ACTION BY CHIEF DEPUTY CLERK (MAE). Granted: 09/30/2009 |
| 13 | | 09/30/2009 | |
SECOND MOT. EXT/TIME APPELLEE JOINT BRIEF (E-FILED) |
| 14 | | 09/30/2009 | |
E-FILED MOTION (Mot/Ext/AEB) |
| 15 | | 09/30/2009 | |
ACTION BY CHIEF DEPUTY CLERK (MAE). Granted: 10/05/2009 |
| 16 | | 10/05/2009 | |
APPELLEE BRIEF |
| 17 | | 10/05/2009 | |
E-FILED BRIEF - AEB |
| 18 | | 10/06/2009 | |
Received $25 filing fee for AEB (Receipt #19025) |
| 19 | | 10/12/2009 | |
Received 7 copies of AEB from CSD |
| 20 | | 10/20/2009 | |
NOTICE OF ORAL ARGUMENT SENT |
| 21 | | 10/22/2009 | |
REPLY BRIEF & addendum |
| 22 | | 10/22/2009 | |
DISK - Reply Brief |
| 23 | | 11/04/2009 | |
APPEARANCES: Robert S. Rau/Arnold V. Fleck & Daniel H. Oster |
| 24 | | 11/04/2009 | |
ARGUED: Rau/Fleck |
| 25 | | 11/04/2009 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 03/15/2010 | |
2nd Supplemental Clerk's Certificate dated 3/12/10 (Entry Nos. 230-248) (Also in 20090051) |
| 27 | | 03/30/2010 | |
3rd Supplemental Clerk's Certificate dated 3-29-10 (Entry Nos. 249-251) (Also in 20090051) |
| 28 | | 05/03/2010 | |
MOTION (Notice of Potentially Moot Issues and Motion for Stay of Appeal). RspDue: 05/17/2010 |
| 29 | | 05/03/2010 | |
E-FILED MOTION |
| 30 | | 05/11/2010 | |
4th Supplemental Clerk's Cert. dated 5-10-10 (Entry Nos. 252-259)(Also in 20090051) |
| 31 | | 05/13/2010 | |
Response Filed (Joint response with 20090051 & 52) |
| 32 | | 08/31/2010 | |
NO ACTION TAKEN (Notice of Potentially Moot Issues) |
| 33 | | 08/31/2010 | |
DISPOSITION: AFFIRMED |
| 34 | | 08/31/2010 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 35 | | 08/31/2010 | |
COSTS ON APPEAL TAXED IN FAVOR OF APPELLEES |
| 36 | | 09/01/2010 | |
Corrected Opinion Page 8 |
| 37 | | 09/01/2010 | |
Judgment Sent to Parties |
| 38 | | 09/14/2010 | |
Mot. Ext/Time Petition for Rehearing |
| 39 | | 09/14/2010 | |
ACTION BY SUPREME COURT (Motion for extension of Petition for Rehearing). Granted: 09/28/2010 |
| 40 | | 09/27/2010 | |
PETITION FOR REHEARING |
| 41 | | 09/28/2010 | |
DISK-PER |
| 42 | | 09/28/2010 | |
5th Supplemental Clerk's Certificate dated 9-24-10 (Entry Nos. 260-272)(also in 20100108) |
| 43 | | 10/19/2010 | |
ACTION BY SUPREME COURT (PER). Denied |
| 44 | | 11/01/2010 | |
MANDATE |
| 45 | | 11/02/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |