Estate of Dionne

20100353 In the Matter of the Estate of Ardis Dionne, Deceased
------------
Randall A. Dionne and
Cynthia A. Larson, Petitioners and Appellants
v.
Norman Dionne, Individually
and as Personal Representative
of the Estate of Ardis Dionne, Respondent and Appellee

Appeal from: District Court, Northwest Judicial District, Mountrail County
Judge David W. Nelson
Nature of Action: Probate - Wills - Trusts
Counsel:
Appellee: Rebecca S. Thiem
Appellee: James S. Hill
Appellant: Pro se
Appellant: Pro se
Term: 06/2011   Argument: 06/13/2011  1:30pm
ND cite: 2011 ND 97
NW cite: 799 N.W.2d 406

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.Did the trial Court error in determining that it was Cindy and Randy's intent to convey the entire Estate to Norman?
II.Did the trial Court error in concluding that the Agreement of the parties was clear, unambiguous and binding to the parties?
III.Did the trial Court error in its interpretation of the parties' agreement?

Appellee's Statement of the Issues:
1. Is the trial court's finding that the parties intended to convey all of the Estate's interest in the 480 Acres to Norman clearly erroneous?
2. Is the Petition to Void Personal Representative Deed time-barred under N.D.C.C.  30.1-21-06?

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Docket entries:
110/28/2010 NOTICE OF APPEAL: 10/22/2010
210/28/2010 ORDER FOR TRANSCRIPT: 10/22/2010
310/28/2010 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
410/28/2010 ANNOUNCED DISQUALIFICATION: Crothers, Daniel John
510/29/2010 RETENTION OF RECORD ON APPEAL: 12/11/2010
612/08/2010 MOT. EXT/TIME TRANSCRIPT
712/08/2010 ACTION BY TRIAL COURT (MTR). Granted: 01/11/2011
801/13/2011 MOT. EXT/TIME TRANSCRIPT (e-filed) (Letter from Jean Lindvig)
901/13/2011 E-FILED MOTION (MTR)
1001/13/2011 ACTION BY CLERK (MTR). Granted: 02/04/2011
1102/02/2011 TRANSCRIPTS DATED July 1, 2010 & July 2, 2010 (2 volumes) & C.O.S.
1202/02/2011 DISK - TRA (7/1/10 & 7/2/10) (e-mailed)
1302/05/2011 RECORD ON APPEAL (2 vols) & Separate Nos. 140, 168-1, 168-2, 168-3, & 184
1402/22/2011 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
1503/01/2011 MOT. EXT/TIME APPELLANT BRIEF
1603/01/2011 ACTION BY CLERK (MAT). Granted: 04/13/2011
1704/13/2011 APPELLANT BRIEF (e-filed) PDF
1804/13/2011 E-FILED BRIEF (ATB) PDF
1904/13/2011 APPELLANT APPENDIX (e-filed)
2004/13/2011 E-FILED APPENDIX (ATA)
2104/14/2011 Received $25 e-filing surcharge for ATB (Receipt #20256).
2204/15/2011 MOT. EXT/TIME APPELLEE BRIEF (e-filed)
2304/15/2011 E-FILED MOTION (MAE)
2404/15/2011 Response to Mot. for Ext. of Time to File AEB Filed by Appellant (no objection to ext.)
2504/15/2011 EFILED RESPONSE (MAE)
2604/15/2011 ACTION BY CLERK (MAE). Granted: 05/27/2011
2704/15/2011 Received corrected pages for ATA (pgs. 35 & 40).
2804/18/2011 Received e-filing surcharge for ATA (Receipt #20259).
2904/19/2011 Received 7 copies of ATB from Central Duplicating.
3004/19/2011 Received 6 copies of ATA from Central Duplicating.
3105/19/2011 Rec'd corrected cover pages for ATB & ATA. (e-mailed)
3205/20/2011 NOTICE OF ORAL ARGUMENT SENT
3305/23/2011 SITTING WITH THE COURT: Merrick, Thomas E.
3405/27/2011 APPELLEE BRIEF
3505/27/2011 APPELLEE APPENDIX
3605/27/2011 DISK of AEB
3705/31/2011 SITTING WITH THE COURT: Corwin, Wickham
3806/06/2011 SITTING WITH THE COURT: Hodny, William F.
3906/08/2011 REPLY BRIEF (e-filed) PDF
4006/08/2011 E-FILED BRIEF (RYB) PDF
4106/09/2011 Received 7 copies of RYB from Central Duplicating.
4206/13/2011 APPEARANCES: Tom P. Slorby; Rebecca S. Thiem; James S. Hill
4306/13/2011 ARGUED: Tom P. Slorby; Rebecca S. Thiem
4406/13/2011 ORAL ARGUMENT WEBCAST
4506/21/2011 DISPOSITION: AFFIRMED BY SUMMARY DISP.
4606/21/2011 UNANIMOUS OPINION: Per Curiam
4706/21/2011 Costs on appeal taxed in favor of appellee
4806/22/2011 Mot. Ext/Time Petition for Rehearing (E-filed)
4906/22/2011 E-FILED MOTION (Mot/Ext/PER)
5006/22/2011 ACTION BY CHIEF JUSTICE (Mot/Ext/PER). Granted: 08/04/2011
5106/23/2011 Judgment Sent to Parties
5207/06/2011 MOTION TO WITHDRAW AS COUNSEL UNDER RULE 11.2(C), N.D. RULES OF COURT.
5307/08/2011 ACTION BY CLERK (MOT. TO WITHDRAW AS COUNSEL). Granted
5407/12/2011 Mot. Ext/Time Petition for Rehearing
5507/14/2011 Objection to Motion for Extension
5607/15/2011 Response to Appellee's Objection to Extension of Time
5707/15/2011 ACTION BY CHIEF JUSTICE. Granted: 09/02/2011
5808/10/2011 MOTION FOR WAIVER OF PAGE LIMITATION FOR PETITION FOR REHEARING. (E-FILED)
5908/10/2011 E-FILED MOTION (MOT. FOR WAIVER OF PG LIMITATION FOR PER)
6008/11/2011 ACTION BY SUPREME COURT (MOT. FOR WAIVER OF PG. LIMITATION FOR PER). Denied
6109/07/2011 PETITION FOR REHEARING & Addendum (e-filed)
6209/07/2011 E-FILED BRIEF (PER)
6309/07/2011 Appendix to Petition for Rehearing (e-filed)
6409/07/2011 E-FILED APPENDIX (Appendix to PER)
6509/09/2011 Rec'd 7 copies of PER from CSD
6609/09/2011 Received 6 copies of Appendix to PER from CSD
6709/12/2011 MOTION to Strike or Stay Filing in District Court of Petitions and Lis Pendens. RspDue: 09/19/2011
6809/15/2011 Response Filed to MOT/STRIKE/FILING
6909/19/2011 Received e-filing surcharge for motion to strike (receipt #20667)
7009/27/2011 ACTION BY SUPREME COURT (PER). Denied
7109/27/2011 NO ACTION TAKEN (MOTION to Strike or Stay Filing in District Court of Petitions and Lis Pendens)
7210/05/2011 MANDATE
7310/07/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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