Arndt v. Maki

20110191

Richard A. Arndt, Karen K. Arndt,
TTT Minerals, LLC, Douglas Kinnoin,
James S. Enge, Gerald D. Neset,
Gary Craft, Marshall Craft, Jane
Craft, Brian E. Olson, Peggy Olson,
George L. Baranek, Katherine A.
Baranek, and William (W.R.) Everett, Plaintiffs, Appellees and Cross-Appellants
v.
Angeline Maki, Marily Bryant,
Lillian (Gunderson) Jastrzebski,
Caroline Sadle, Esther Maki,
Doris Walter, Gloria Worley,
Laura Erber, Lloyd Arndt, Jason
Arndt, Defendants, Appellants and Cross-Appellees

Appeal from:

District Court, Northwest Judicial District, Mountrail County
Judge William W. McLees

Nature of Action:

Real Property

Counsel:

Appellant:		Greg W. Hennessy
Appellee:		Collin Paul Dobrovolny
Appellee:		Peter Haroldson Furuseth
Appellee:		Jon William Backes
Appellee:		Jordon Joseph Evert

Term:

12/2011 Argument: 12/01/2011 01:30pm

ND cite:

2012 ND 55

NW cite:

813 N.W.2d 564

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Issues:

Appellant's Statement of the Issues:
I.Was the Defendants Maki intestate inheritance of surface and minerals subjected to fraud and/or mistake by the Personal Representative obtaining Waivers of Inheritance of their mineral acres when only their surface acres were to have been waived.
II.Whether the Defendants Maki are entitled to reformation of the May 1973 Waivers of Inheritance for fraud and/or mistake.
III. Whether the Defendants Maki are entitled to reformation of the 1984 Personal Representative's Deed for fraud and/or mistake.

REPLY BRIEF ISSUES
I.Whether the Waivers of Inheritance filed in Mountrail Co. Probate No. 3139, Carl Arndt, are entitled to Judicial Notice.
II.Whether there are living witnesses to the negotiations of the sale terms from Marie Arndt to Richard Arndt.
III.Why the defendants Maki signed the Personal Representative if it had no mineral reservation (the trial court's query)?
IV.Whether the trial court erred as a matter of law that the defendants Maki are strangers to title, contrary to NDT Std. 2-01.

Appellee's Statement of the Issues:
Did the District Court error in its ruling as follows: Further, the Court is not persuaded that the Maki Defendants recorded the March 29, 2007 Personal Representative's Deed of Distribution for the purpose of slandering title to the minerals underlying the Arndt Family Farm . and the Plaintiffs' request for an award of attorneys' fees/damages under N.D.C.C. 47-19.1-09 is denied. (Emphasis by the District Court) (App. p 324).

Appellee's Statement of the Issues:
The district court did not err in entering Summary Judgment in favor of Plaintiffs and against Defendants, pursuant to N.D.R.Civ.P. 56 and N.D.C.C. 32-04-17 & 09-06-07, by declaring that the Defendants have no right, title, or interest in the minerals underlying the Arndt Family Farm.

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Docket entries:

1	06/29/2011	NOTICE OF APPEAL: 06/27/2011
2	07/12/2011	NOTICE OF CROSS APPEAL BY ATTORNEYS DOBROVOLONY & BACKES FILED IN THE TRIAL COURT JULY 12, 2011.
3	07/19/2011	NOTICE OF CROSS APPEAL BY ATTORNEY FURUSETH FILED IN THE TRIAL COURT JULY 18, 2011.
4	08/02/2011	MOT. EXT/TIME APPELLANT BRIEF (e-filed)
5	08/02/2011	E-FILED MOTION (MAT)
6	08/02/2011	ACTION BY DEPUTY CLERK. Granted: 09/05/2011
7	07/28/2011	ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-85).
8	09/02/2011	MOT. EXT/TIME APPELLANT BRIEF
9	09/02/2011	E-FILED MOTION
10	09/02/2011	ACTION BY CHIEF JUSTICE. Granted: 09/16/2011
11	09/16/2011	APPELLANT BRIEF
12	09/16/2011	APPELLANT APPENDIX (2 volumes)
13	09/22/2011	DISK-ATB (E-MAILED)
14	09/23/2011	Received corrected title pages for ATB & ATA.
15	10/13/2011	Due to flooding in Souris River Basin, under N.D. Sup. Ct. O. 20, the time for filing cross appeals
16	10/13/2011	was extended 60 days. Both notices of cross appeal are, therefore, timely.
17	10/13/2011	APPELLEE BRIEF (e-filed)
18	10/13/2011	E-FILED BRIEF (AEB)
19	10/14/2011	RECEIVED $25 E-FILING SURCHARGE FOR AEB (DOBROVOLNY)
20	10/17/2011	Received correction to AEB (Attorney Dobrovolny).
21	10/17/2011	APPELLEE BRIEF (ATTORNEY FURUSETH) E-FILED
22	10/17/2011	E-FILED BRIEF (AEB-ATTORNEY FURUSETH)
23	10/18/2011	Received corrections to AEB (Attorney Furuseth).
24	10/18/2011	RECEIVED $25 E-FILING SURCHARGE FOR AEB (ATTORNEY FURUSETH) (RECEIPT #20716).
25	10/19/2011	Received 7 copies of AEB from Central Duplicating (Attorney Dobrovolny).
26	10/19/2011	Received 7 copies of AEB from Central Duplicating (Attorney Furuseth).
27	10/31/2011	REPLY BRIEF OF APPELLANT & CROSS-APPELLEE.
28	11/01/2011	DISK-RYB (CD-ROM)
29	11/16/2011	NOTICE OF ORAL ARGUMENT SENT
30	12/01/2011	APPEARANCES: Greg Hennessy/Collin Dobrovolny & Jon Backes/Jordan Evert
31	12/01/2011	ARGUED: Hennessy/Dobrovolny/Evert
32	12/01/2011	ORAL ARGUMENT WEBCAST
33	03/15/2012	DISPOSITION (Affirmed in part, reversed in part, and remanded): AFFIRMED/PT, REVERSED/PT
34	03/15/2012	UNANIMOUS OPINION: Sandstrom, Dale V.
35	03/15/2012	Costs on appeal taxed in favor of Appellees
36	03/16/2012	Judgment Sent to Parties
37	04/26/2012	MANDATE

Generated from Supreme Court Docket on 06/19/2013