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Behle v. Harr

Docket No. 20210051
Oral Argument: Monday, September 27, 2021 1:30 PM

Docket Info

Title
Henry H. Behle IV, Plaintiff and Appellant
v.
Darren Harr as Personal Representative
of the Estate of Henry L. Behle, Defendant and Appellee
Case Type
CIVIL APPEAL : OTHER (Civil)
Appeal From
Case No. 2020-CV-00016
Southeast Judicial District, LaMoure County
Daniel D. Narum
2021 ND 190965 N.W.2d 860
Oral Argument 9/27/2021

Highlight

Litigants may not contradict themselves to manufacture factual disputes for purposes of avoiding summary judgment.

Absent repudiation of a contract and the accompanying anticipatory breach, a breach of contract occurs when there is nonperformance of a contractual duty when it is due.

The term “claim” is defined by N.D.C.C. § 30.1-01-06(7) to exclude disputes regarding title of a decedent to assets alleged to be included in the decedent’s estate. The time limits set out by N.D.C.C. § 30.1-19-03(2) for demands against a decedent’s estate only apply to “claims.” For a demand to be excluded from the time limits because it is a dispute regarding title and not a “claim,” the claimant must make at least a “colorable showing” of title. Casting a claim in terms of title is insufficient to avoid the time limits if the gist of the claim sounds in contract or tort.

An argument is without merit if a party does not provide supportive reasoning or authority.


Briefs

Filing Date Description
05/21/2021 APPELLANT BRIEF View
07/09/2021 APPELLEE BRIEF View
07/23/2021 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Andrew Davis Cook - 06278
APPELLEE PRIVATE PRACTICE Keven Jay Kercher - 05791
APPELLANT PRIVATE PRACTICE Alan Baker - 04122

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

Seq. # Filing Date Description Attachment
1 02/22/2021 NOTICE OF APPEAL : 02/22/2021
2 02/23/2021 Rec'd $125 Filing Fee
3 02/23/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 02/23/2021 Notice Served on Alan Baker, Kevin J. Kercher & Andrew D. Cook
5 03/01/2021 MOTION FOR REMAND (SUA SPONTE)
6 03/01/2021 ACTION BY CHIEF JUSTICE (SUA SPONTE) - Granted
7 03/01/2021 ORDER OF REMAND
8 03/01/2021 BRIEFING SCHEDULE STAYED
9 03/01/2021 Order/Judgment Sent to Parties
10 04/20/2021 ELEC. RECORD ON APPEAL DATED APRIL 19, 2021 (ENTRY NOS.1-63)
11 04/21/2021 MOT. EXT/TIME APPELLANT BRIEF - RESET DUE TO REMAND (SUA SPONTE)
12 04/21/2021 ACTION BY CLERK - RESET DUE TO REMAND (SUA SPONTE) - Granted : 05/21/2021
13 04/26/2021 ELEC. SUPP. RECORD ON APPEAL DATED APRIL 23, 2021 (ENTRY NOS.64-66 )
14 05/21/2021 APPELLANT BRIEF View
15 05/21/2021 Oral Argument Request by Appellant
16 05/21/2021 APPELLANT APPENDIX
17 05/24/2021 Rec'd $149.00 for Additional pages in Appendix (receipt #28144)
18 06/01/2021 MOT. EXT/TIME TO FILE CORRECTIONS TO APPELLANT BRIEF AND APPENDIX
19 06/02/2021 Response Filed to MOT. EXT/TIME TO FILE CORRECTIONS TO APPELLANT BRIEF AND APPENDIX
20 06/02/2021 ACTION BY CLERK (granted in part) - Granted
21 06/02/2021 If motion to correct record is granted by dist. ct., no changes to Appellant's brief and appendix;
22 06/02/2021 if motion denied in whole or in part, 10 days after entry of the order to file corrections
23 06/16/2021 Rec'd District Court's Order on Motion to Correct Record (Granted)
24 06/16/2021 MOT. EXT/TIME APPELLEE BRIEF (Sua Sponte due to order correcting record)
25 06/16/2021 ACTION BY CHIEF DEPUTY CLERK (Sua Sponte due to order correcting record) - Granted : 07/14/2021
26 06/17/2021 Rec'd 4 copies of ATA back from CD
27 06/21/2021 Rec'd 4 copies of ATB back from CD
28 06/25/2021 ELEC. SUPP. RECORD ON APPEAL DATED JUNE 24, 2021 (ENTRY NOS. 67-101 )
29 07/09/2021 APPELLEE BRIEF View
30 07/09/2021 Oral Argument Request by Appellee
31 07/09/2021 APPELLEE APPENDIX
32 07/12/2021 Rec'd 4 copies of AEB and AEA back from CD
33 07/23/2021 REPLY BRIEF View
34 07/27/2021 Rec'd 4 copies RYB back from CD
35 08/05/2021 NOTICE OF ORAL ARGUMENT SENT
36 09/27/2021 APPEARANCES: Alan Baker/Andrew D. Cook
37 09/27/2021 ARGUED: Alan Baker/Andrew D. Cook
38 09/27/2021 ORAL ARGUMENT WEBCAST
39 10/28/2021 DISPOSITION
40 10/28/2021 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
41 10/28/2021 CONCUR IN THE RESULT : Crothers, Daniel John
42 10/28/2021 Costs on appeal taxed in favor of Appellee
43 10/28/2021 Judgment View
44 11/19/2021 MANDATE