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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

Parties' Statement of Issues

  • Appellant

    1. Must all matters concerning equitable relief and complete justice be resolved before the district court grants summary judgment dismissing all claims?
    2. Can the district court resolve disputed material facts in favor of the moving party to justify granting summary judgment dismissing the opposing party’s case?
    3. If disputes and demands related to ownership of real and personal property by an estate are not considered probate claims under NDCC § 30.1-01-06(7) are the presentation of those demands and disputes barred by the strict time limitations contained in the probate nonclaim statute, NDCC § 30.1-19-3(2)?
    4. Do the wrongful acts performed during a decedent’s life, that give rise to a cause of action, become barred by the probate nonclaim statute because the wrongful acts were not discovered until after his death?
    5. Does part performance of an oral contract for the sale of land, by conveyance of an executed and accepted deed for the real property, remove the oral contract from the statute of frauds?
    6. Is an action brought in law or equity to enforce a contract for the transfer of real property the enforcement of a contract to make a will?
    7. Do claims based on promissory estoppel, fraud, deceit or unjust enrichment accrue when the wrongful act is committed or when the perpetrator of the wrongful act dies?

  • Appellee 1

    1. Whether the district court erred as a matter of law by dismissing Behle IV’s claims as untimely when Behle IV failed to file the claims within the three-month window mandated by North Dakota’s nonclaim statute.
    2. Whether the district court erred as a matter of law by dismissing Behle IV’s inheritance claims when there was no writing signed by the decedent evidencing the contract to devise property, as mandated by N.D.C.C. § 30.1-09-13, and any purported promise failed to satisfy North Dakota’s requirements for a testamentary devise.
    3. Whether the district court erred as a matter of law in concluding Behle IV’s claims do not satisfy the statute of frauds when there was no writing evidencing the contract and the only writings that exist contradicted the claims.
    4. Whether the district court erred as a matter of law by dismissing Behle IV’s equitable claims when Behle IV did not provide competent evidence or argument supporting each element of the claims.
    5. Whether the district court properly dismissed Behle IV’s claim for conversion of family photographs when Behle IV admitted he acquiesced in the decedent’s possession of the photographs and failed to allege a claim until the statute of limitations expired.


Summary

Henry H. Behle IV appeals after the district court granted summary judgment in favor of Darren Harr as the personal representative of the Estate of Henry L. Behle.

Henry H. Behle filed claims against the Estate concerning two parcels of real estate and various personal property. Harr disallowed the claims. Behle initiated this civil action bringing claims for breach of contract, promissory estopple, fraud, deceit, unjust enrichment, and conversion.

On appeal, Behle argues the district court erred when it held his claims were untimely because they were not filed within three months of the decedent’s death as required by N.D.C.C. § 30.1-19-03(2)(b). Behle also argues the district court erred when it alternatively held his claims failed due to the absence of a writing. Behle asserts there are factual issues that preclude summary judgment.


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

(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