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Fahey, et al. v. Cook, et al.

Docket No. 20230267
Oral Argument: Thursday, December 21, 2023 10:45 AM

Docket Info

Title
Anne Fahey a/k/a Anne Fife, Timothy Fife,
and Richard Dennis Fife, Plaintiffs and Appellants
v.
Andrew D. Cook, Lukas D. Andrud, Ohnstad
Twichell, P.C., Defendants and Appellees
Case Type
CIVIL APPEAL : MALPRACTICE
Appeal From
Case No. 2022-CV-01844
East Central Judicial District, Cass County
Lolita G. Hartl Romanick
Oral Argument 12/21/2023

Parties' Statement of Issues

  • Appellant

    I. Did the District Court err when it concluded that Marianne’s estate consisted only of property that she owned in the State of North Dakota when valuing the estate for purposes of distributing North Dakota estate property?
    II. Did the District Court err by concluding that Marianne’s interest in the marital home and personal property would have bypassed probate and would never have been a part of the estate valuation for the purpose of distributing North Dakota estate property?
    III. Did the District Court err in determining that collateral estoppel did not foreclose the Appellees from relitigating an issue on a new community property legal theory that Marianne’s interest in the marital home and personal property were not part of the estate valuation for purposes of distributing North Dakota estate property?
    IV. Did the District Court err in concluding that Marianne’s estate had no “cause of action” of any value that could be included in the valuation of her estate for purposes of distribution of her North Dakota estate property?


Summary

Anne Fahey, Timothy Fife, and Richard Fife (“Plaintiffs”) appeal from a judgment entered after the district court granted summary judgment in favor of Andrew Cook, Lukas Andrud, and Ohnstad Twichell, P.C. (“Defendants”). The court dismissed the Plaintiffs’ action alleging the Defendants committed legal malpractice stemming from representation in underlying litigation.

On appeal, the Plaintiffs argue the district court erred in granting summary judgment. They argue the court erred in concluding their mother’s estate, for valuation and distribution purposes, did not include real or personal property outside of North Dakota; erred in concluding, as a matter of law, the interest in the marital home in Idaho would have bypassed probate and would never have been part of estate valuation; and erred in concluding the Defendants were not foreclosed by collateral estoppel from arguing their mother’s interest in the marital home and personal property would never be part of the estate. They further contend the court erred in concluding a cause of action for fraud and undue influence for their father’s wrongful actions had no value to their mother’s estate.


Briefs

Filing Date Description
10/06/2023 APPELLANT BRIEF and Addendum View
11/07/2023 APPELLEE BRIEF View
11/22/2023 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Richard John Thomas - 08634
APPELLEE PRIVATE PRACTICE Christopher G. Angell - 09794
APPELLANT PRIVATE PRACTICE David J Chapman - 05531

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

Seq. # Filing Date Description Attachment
1 08/10/2023 NOTICE OF APPEAL : 08/10/2023 View
2 08/11/2023 ORDER FOR TRANSCRIPT : 08/21/2023 View
3 08/11/2023 Rec'd filing fee
4 08/11/2023 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
5 08/11/2023 Notice served on David J. Chapman, Richard J. Thomas, & Christopher G. Angell
6 08/25/2023 All Transcripts Filed in Record
7 09/06/2023 ELEC. RECORD ON APPEAL DATED SEPTEMBER 5, 2023 (ENTRY NOS. 1-157) View
8 09/06/2023 AMENDED ELEC. RECORD ON APPEAL DATED SEPTEMBER 5, 2023 (ENTRY NOS. 1-158) View
9 10/04/2023 Non-compliant ATB rec'd; given until 10/10/23 to revise(corrections will cause atb to be overlength
10 10/06/2023 APPELLANT BRIEF and Addendum View
11 10/06/2023 Oral Argument Request by Appellants
12 10/10/2023 Rec'd 3 copies of ATB from CSD
13 11/06/2023 Non-compliant AEB rec'd; given until 11/13/23 to revise(corrections will cause aeb to be overlength
14 11/07/2023 APPELLEE BRIEF View
15 11/07/2023 Oral Argument Request by Appellees
16 11/09/2023 Rec'd 3 copies of AEB from CSD
17 11/21/2023 NOTICE OF ORAL ARGUMENT SENT
18 11/22/2023 REPLY BRIEF View
19 11/27/2023 Rec'd 3 copies of RYB from CSD
20 12/21/2023 APPEARANCES: David J. Chapman; Richard J. Thomas
21 12/21/2023 ARGUED: David J. Chapman; Richard J. Thomas
22 12/21/2023 ORAL ARGUMENT WEBCAST