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Guardianship and Conservatorship of S.M.H.

Docket No. 20200239
Oral Argument: Thursday, March 25, 2021 9:30 AM

Docket Info

Title
In the Matter of the Guardianship and Conservatorship of S.M.H., an incapacitated person

K.S., Petitioner and Appellant
and
B.J.S., Petitioner
v.
S.M.H., ward, Respondent
and
Lutheran Social Services of Minnesota, Respondent and Appellee
and
M.M.H., P.E.H., and P.S., Interested Parties






Case Type
CIVIL APPEAL : GUARDIAN/CONSERVATOR
Appeal From
Case No. 2018-PR-00023
Northeast Judicial District, Benson County
Donovan John Foughty
2021 ND 104
Oral Argument 3/25/2021

Highlight

Only judgments and decrees which constitute a final judgment of the rights of the parties and certain orders enumerated by statute are appealable.

Under N.D.R.Ct. 3.2(a)(3), a court may decide routine motions on briefs without holding a formal hearing, unless a party requests one.

An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law or by an instrument in writing, subscribed by the party disposing of the same or by the party’s agent thereunto authorized by writing.

Under N.D.R.Civ.P. 12(f), the district court has discretion to strike an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter in a pleading.

A court’s award of attorney’s fees and costs under N.D.C.C. § 28-26-31 is discretionary but must be based on evidence that the pleadings were made without reasonable cause and not in good faith, and are found to be untrue.


Briefs

Filing Date Description
12/22/2020 APPELLANT BRIEF View
01/21/2021 APPELLEE BRIEF View
02/03/2021 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Scott Jeffery Landa - 04808
APPELLANT PRO SE K. S.

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 09/08/2020 NOTICE OF APPEAL (Redacted) : 09/08/2020
2 09/08/2020 ORDER FOR TRANSCRIPT (Redacted) : 09/15/2020
3 09/14/2020 Received $125 filing fee
4 09/14/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 09/14/2020 Notice served on K.S., Scott J. Landa, Cassandra A. Marka, B.S, Ronald I. Galstad, P.E.H.,
6 09/14/2020 Lawrence D. DuBois, & P.S.
7 09/16/2020 Order Granting Withdrawal of Counsel (Lawrence D. DuBois) filed in district court
8 10/22/2020 ELEC. RECORD ON APPEAL DATED OCTOBER 21, 2020 (ENTRY NOS. 1-366)
9 10/23/2020 AMENDED ELEC. RECORD ON APPEAL DATED OCTOBER 22, 2020 (ENTRY NOS. 1-109 & 111-367)
10 11/12/2020 ELECTRONIC TRANSCRIPT DATED OCTOBER 14, 2019
11 11/12/2020 ELECTRONIC TRANSCRIPT DATED FEBRUARY 20, 2020
12 11/12/2020 Redaction Key for Transcript dated October 14, 2019 & February 20, 2020
13 11/12/2020 Certificate of Service for Transcripts
14 12/22/2020 APPELLANT BRIEF View
15 12/22/2020 APPELLANT APPENDIX
16 12/22/2020 Oral Argument Request by Appellant
17 12/30/2020 Rec'd non-substantive corrections to ATB (redaction, formatting)
18 12/22/2020 Proof of Service for Appellant's Brief and Appendix
19 01/06/2021 Rec'd 5 copies of ATB & 4 copies of ATA from CSD
20 01/21/2021 APPELLEE BRIEF View
21 01/21/2021 APPELLEE APPENDIX
22 01/21/2021 Proof of Service of AEB
23 01/25/2021 Rec'd non-substantive corrections to AEB (pg numbering, cert of comp)
24 01/29/2021 Rec'd 5 copies of AEB from CD
25 01/29/2021 Rec'd 4 copies of AEA from CSD
26 02/03/2021 REPLY BRIEF View
27 02/03/2021 Proof of Service for Reply Brief
28 02/17/2021 NOTICE OF ORAL ARGUMENT SENT
29 03/25/2021 APPEARANCES: K.S./Scott J. Landa
30 03/25/2021 ARGUED: K.S./Scott J. Landa
31 03/25/2021 ORAL ARGUMENT WEBCAST
32 04/15/2021 1ST ELEC. SUPP. RECORD ON APPEAL DATED APRIL 15, 2021 (ENTRY NOS. 368-374)
33 06/03/2021 DISPOSITION
34 06/03/2021 UNANIMOUS OPINION : Jensen, Jon J. View
35 06/03/2021 Judgment
36 06/03/2021 Costs taxed in favor of Appellee