Guardianship/Conservatorship of D.M.O.
Docket No. 20060280
Oral Argument:
Wednesday, November 7, 2007 10:45am
Docket Info
- Title
- In the Matter of the Guardianship
and Conservatorship of D.M.O.
--------------
E.O., Petitioner and Appellant
v.
M.O. and J.O., Guardians, Respondents and Appellees
and
State Bank and Trust,
Conservator,
and
E.O., as personal representative
of the Estate of D.M.O., deceased - Case Type
- CIVIL APPEAL : GUARDIAN/CONSERVATOR
- Appeal From
-
Case No. 02-P-02398
East Central Judicial District, Cass County
Georgia Dawson
2008 ND 100749 N.W.2d 517
Oral Argument
11/7/2007
Highlight
The Supreme Court will dismiss an appeal when issues become moot or academic and there is no actual controversy left for our determination.
An actual controversy no longer exists when the issue has been rendered moot by a lapse of time, or the occurrence of related events which make it impossible for a court to grant effective relief.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 10/20/2006 | NOTICE OF APPEAL : 10/18/2006 | |
| 2 | 10/20/2006 | ORDER FOR TRANSCRIPT : 10/18/2006 | |
| 3 | 11/08/2006 | Letter from Kristen Erickson RE: suspension of 2-17-06 & 5-1-06 transcripts | |
| 4 | 11/13/2006 | Letter from Stacy Ostlie Re: Received payment for transcript and is starting preparation | |
| 5 | 11/14/2006 | Letter from Kirsten Erickson Re: Received payment for transcript and is starting preparation | |
| 6 | 11/16/2006 | RETENTION OF RECORD ON APPEAL by Monty Mertz (due when ATB is filed) : 03/08/2007 | |
| 7 | 11/27/2006 | Transcripts dated February 17, 2006 & May 1, 2006 | |
| 8 | 11/27/2006 | DISK - tra (February 17, 2006 & May 1, 2006) e-mailed | |
| 9 | 11/28/2006 | TRANSCRIPT DATED July 21, 2006 | |
| 10 | 11/28/2006 | DISK - (e-mailed)(tra -- 7/21/06) | |
| 11 | 01/02/2007 | MOT. EXT/TIME APPELLANT BRIEF (letter dated January 2, 2007) | |
| 12 | 01/02/2007 | ACTION BY CLERK - Granted : 02/06/2007 | |
| 13 | 01/03/2007 | Ltr (fax) from C. Nicholas Vogel dated 3-3-07, to Penny Miller regarding briefing schedule | |
| 14 | 02/06/2007 | ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V. | |
| 15 | 02/06/2007 | ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning | |
| 16 | 02/05/2007 | MOT. EXT/TIME APPELLANT BRIEF (faxed letter from Monty Mertz) | |
| 17 | 02/05/2007 | E-FILED MOTION (MAT) | |
| 18 | 02/06/2007 | ACTION BY CHIEF JUSTICE - Granted : 03/08/2007 | |
| 19 | 03/05/2007 | MOTION TO SUBSTITUTE A PARTY AFTER DEATH OF A PARTY (faxed) - RspDue : 03/16/2007 | |
| 20 | 03/05/2007 | E-FILED MOTION (Motion to Substitute Party) | |
| 21 | 03/08/2007 | APPELLANT BRIEF (e-filed) | View |
| 22 | 03/08/2007 | E-FILED BRIEF (ATB) | |
| 23 | 03/08/2007 | APPELLANT APPENDIX (e-filed; pdf) | |
| 24 | 03/08/2007 | E-FILED APPENDIX (ATA; pdf) | |
| 25 | 03/09/2007 | Received $25 surcharge for ATB (Receipt #17304) | |
| 26 | 03/12/2007 | Made copies of ATB | |
| 27 | 03/12/2007 | Made copies of ATA | |
| 28 | 03/16/2007 | Response Filed (Mot to substitute party) | |
| 29 | 03/20/2007 | Reply to Response (Mot. to substitute party) | |
| 30 | 03/21/2007 | ACTION BY SUPREME COURT (Motion to Substitute State Bank and Trust as a party.) - Denied | |
| 31 | 03/21/2007 | Appellant is further directed to obtain appointment of a personal representative | |
| 32 | 07/24/2007 | Certified copy of Order for Formal Probate and Appointment of Personal Representative and Letters | |
| 33 | 07/24/2007 | Testamentary in Cass Co. No. 09-07-P-00103 (Elizabeth Ohnstad is personal representative) | |
| 34 | 07/24/2007 | Reset due date for filing of Appellee's Brief after appointment of P.R. | |
| 35 | 07/24/2007 | ACTION BY Chief Deputy Clerk (reset due date for AEB) - Granted : 08/23/2007 | |
| 36 | 08/01/2007 | Corrected covers for Appellant's Brief and Appellant's Appendix | |
| 37 | 08/15/2007 | APPELLEE BRIEF of Mary Onstad & John Onstad | View |
| 38 | 08/15/2007 | DISK - aeb (Mary Onstad & John Onstad) (e-mailed) | |
| 39 | 08/16/2007 | Affidavit of Service dated 8-15-07 showing service of AEB on Monty G. Mertz | |
| 40 | 08/21/2007 | Received Proof of Service of AEB on Sara Sorenson | |
| 41 | 08/23/2007 | RECORD ON APPEAL (6 Volumes) including separate exhibits and separate transcripts | |
| 42 | 08/23/2007 | dated December 19, 2002, August 27, 2002, January 12, 2004, January 15, 2004, November 4, 2004 | |
| 43 | 08/23/2007 | Not sent were Nos. 12, 41, 61, 71, 106, 138, 179, 205, 234 (Tapes & Steno Notes) | |
| 44 | 10/25/2007 | SITTING WITH THE COURT : Anderson, Sonna M. | |
| 45 | 10/25/2007 | SITTING WITH THE COURT : Foughty, Donovan John | |
| 46 | 10/26/2007 | letter from Sara Sorenson stating she is waiving oral argument on behalf of State Bank & Trust | |
| 47 | 10/26/2007 | Letter from John Onstad authorizing Nicholas Vogel to attend oral argument on his behalf. | |
| 48 | 11/05/2007 | Letter from C.Nicholas Vogel with attached original letter from Mary Onstad authorizing C.Nicholas | |
| 49 | 11/05/2007 | Vogel to attend oral argument on Ms. Onstad's behalf | |
| 50 | 11/07/2007 | APPEARANCES: Monty G. Mertz and Elizabeth Onstad; C. Nicholas Vogel | |
| 51 | 11/07/2007 | ARGUED: Mertz; Vogel | |
| 52 | 11/07/2007 | ORAL ARGUMENT WEBCAST | |
| 53 | 05/23/2008 | DISPOSITION | |
| 54 | 05/23/2008 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 55 | 05/23/2008 | Costs on appeal taxed in favor of appellant | |
| 56 | 06/16/2008 | MANDATE | |
| 57 | 06/18/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 58 | 08/03/2017 | EXPUNGED - Nonpermanent record items destroyed |