Estate of Bartelson

20130022 In the Matter of the Estate of
Ralph Bartelson, deceased
-------------
Jean Valer and Jane Haught, Petitioners and Appellees
v.
Neil Bartelson, Steven M. Fischer,
Personal Representative of the
Estate of Diane Fischer and
Guardian and Protective Services,
Personal Representative, Respondents
-------------
Neil Bartelson Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Benny A. Graff
Nature of Action: Probate - Wills - Trusts
Counsel:
Appellant: Clark Jay Bormann
Appellee: William C. Severin
Appellant: Sophie Young Morgan
Term: 06/2013   Argument: 06/03/2013  9:00am
ND cite: 2013 ND 129
NW cite: 833 N.W.2d 522

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Did the trial court abuse its discretion by entering its Order Denying Petition to Remove GaPS as Personal Representative before the time to file briefs had expired and before the scheduled hearing on the Petition?
II. Did the trial court abuse its discretion when it denied Neil Bartelson's Rule 60(b) Motion claiming no new issues had been raised?
III. Did the trial court abuse its discretion when it entered its Order for Attorney's Fees in favor of the Respondents based upon its erroneous belief that Neil Bartelson did not have an interest in the estate?

Appellee's Statement of the Issues:
1. Whether an alleged abuse of discretion is harmless error when such error will not affect the underlying claim?
2. Whether an award of attorney's fees upon a finding of frivolous petition was an abuse of discretion?

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Docket entries:
101/18/2013 NOTICE OF APPEAL: 01/18/2013
201/18/2013 ORDER FOR TRANSCRIPT: 01/18/2013
302/14/2013 Order entered in district court substiuting Steven M. Fischer as PR for estate of Diane Fischer
402/18/2013 ELEC. RECORD ON APPEAL DATED February 15, 2013 (ENTRY NOS. 1-180)
503/08/2013 TRANSCRIPT DATED November 9, 2012 & C.O.S.
603/07/2013 DISK-transcript dated November 9, 2012(e-mailed)
704/05/2013 APPELLANT BRIEF
804/05/2013 APPELLANT APPENDIX
904/05/2013 DISK - ATB (e-mailed)
1005/03/2013 APPELLEE BRIEF
1105/03/2013 E-FILED BRIEF
1205/03/2013 APPELLEE APPENDIX
1305/03/2013 E-FILED APPENDIX
1405/07/2013 Rcv'd $25 surcharge for AEB (receipt #21838)
1505/09/2013 Rcv'd 7 copies of AEB & 6 copies of AEA from CSD
1605/16/2013 NOTICE OF ORAL ARGUMENT SENT
1705/20/2013 REPLY BRIEF
1805/20/2013 DISK-(RYB) e-mailed
1906/03/2013 APPEARANCES: Clark J. Bormann; Sophie Y. Morgan; William C. Severin
2006/03/2013 ARGUED: Clark J. Bormann; William C. Severin
2106/03/2013 ORAL ARGUMENT WEBCAST
2207/18/2013 DISPOSITION: REVERSED AND REMANDED
2307/18/2013 UNANIMOUS OPINION: Crothers, Daniel John
2407/18/2013 Costs taxed in favor of the Appellant
2507/19/2013 Judgment Sent to Parties
2608/19/2013 MANDATE
2708/21/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/23/2014