| 2:45pm | Wednesday, November 4, 2009 | |||||||||
| 20090213 |
Investors Title
Insurance Company, Plaintiff v. David F. Herzig, Southeastern Shelter Corporation, and Sheldon Smith, Personal Representative of the Estate of Alphild Herzig, substituted for Alphild Herzig, Deceased, Defendants ----- On Appeal Southeastern Shelter Corporation, Plaintiff and Appellant v. David F. Herzig; and Sheldon Smith, in his capacity as Personal Representative of the Estate of Alphild Herzig, substituted for Alphild Herzig, Deceased, Defendants and Appellees | |||||||||
| Appeal from: | Northwest Judicial District, Ward County, Judge David W. Nelson | |||||||||
| Nature of Action: | Contracts | |||||||||
| Counsel: |
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| Issues: |
Appellant's Statement of the Issues: 1)Can the assets of the revocable trust be used to satisfy a judgment creditor's claim and against a beneficiary therein and when the statute permits the attachment of both present and future interests? 2)Did the trial court err in not appointing a Receiver as the statute requires and directs? 3)Did the Court err in cancelling the Lis Pendens, when it lacked jurisdiction to do so and when the facts support the entitlement of Southeastern Shelter to the same? 4)Should the Discovery by way of a Subpoena, been allowed and did the trial court err in not ordering the same and when it would have satisfied the concerns and deficiency that it said existed as to the claim of Southeastern Shelter to Attach the Res of the Trust? Appellee's Statement of the Issues: 1. Whether the order appealed from is an appealable order? 2. Whether the district court erred by denying Southeastern's motion to attach trust property? 3. Whether the district court erred by not appointing a receiver? 4. Whether the district court erred by canceling the Lis Pendens? 5. Whether the district court erred by denying Southeastern's motion to compel production of documents? | |||||||||
| Briefs: |
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Generated from Supreme Court Docket on 11/20/2009 | ||||||||||