Redfield v. Bitterman
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| 20000107 |
Roger Redfield, Special Administrator
of the Estate of Esther Reinhardt, Plaintiff
v.
Gail Bitterman, Colleen Schneider,
and Neal G. Reinhardt, Defendants and Appellees
-------------
North Dakota Department
of Human Services, Appellant
|
| Appeal from: |
District Court,
South Central Judicial District,
Mercer County
Judge James M. Vukelic |
|
Nature of Action: |
Administrative Proceeding
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| Counsel: |
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| Term: |
10/2000 Argument: 10/16/2000 02:45pm
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| ND cite: |
2000 ND 217
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| NW cite: |
620 N.W.2d 570
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| Issues: |
Appellant's Statement of the Issues:
1. Did the district court err in determining that the state is prohibited from recovering medical assistance (Medicaid) benefits from the estate of the non- recipient spouse because she died before the recipient spouse?
2. Did the district court err in determining that the medical assistance recipient had no interest in the non-probate assets of his deceased spouse?
3. Did the district court abuse its discretion in granting a one-day extension in which to file a notice of appeal?
Appellee's Statement of the Issues:
1. Does the Court have jurisdiction to hear the issues appealed from in the Estate of Esther Reinhardt, deceased?
2. Does the Court have jurisdiction to hear the issues appealed from in the case of Roger Redfield, Special Administrator of the Estate of Esther Reinhardt vs. Gail Bitterman, Colleen Schneider and Neal G. Reinhardt?
3. Is the Claim of the North Dakota Department of Human Services barred because of failure to file such Claim within the time allowed by NDCC 30.1-19-03?
4. Does the North Dakota Department of Human Services have a legal basis for recovery of the Certificates of Deposit in question in this action?
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 Add Docket 20000107 RSS
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| 1 | | 04/10/2000 | |
NOTICE OF APPEAL: 04/07/2000 |
| 2 | | 04/10/2000 | |
ORDER FOR TRANSCRIPT: 04/07/2000 |
| 3 | | 04/25/2000 | |
TRANSCRIPT DATED August 31, 1999 |
| 4 | | 04/26/2000 | |
DISK - TRA of Aug 31, 1999 |
| 5 | | 05/02/2000 | |
RECORD ON APPEAL (SEE DOCKET MEMO) |
| 6 | | 06/01/2000 | |
MOTION FOR CONSOLIDATION OF CASES |
| 7 | | 06/01/2000 | |
ACTION BY CLERK (DISTRIBUTE LTR W/BRIEFS). Granted |
| 8 | | 06/01/2000 | |
THIS CASE IS CONSOLIDATED W/20000162 & 20000181. MAKE ALL ENTRIES EXCEPT DIS AND MAN IN THIS CASE. |
| 9 | | 06/01/2000 | |
MOT. EXT/TIME APPELLANT BRIEF (REQUEST INCLUDED IN MOT FOR CON OF CASES). Denied |
| 10 | | 06/01/2000 | |
ACTION BY CLERK. Granted: 07/05/2000 |
| 11 | | 06/13/2000 | |
Supplemental Clerk's Certificate of Record dated 6-12-00, marked Vol. II (Entry Nos. 33-40) |
| 12 | | 07/05/2000 | |
APPELLANT BRIEF |
| 13 | | 07/05/2000 | |
APPELLANT APPENDIX |
| 14 | | 07/05/2000 | |
DISK - atb |
| 15 | | 07/07/2000 | |
Copies of corrected TOA & TOC for ATB |
| 16 | | 07/07/2000 | |
DISK - Corrected ATB |
| 17 | | 07/10/2000 | |
Supplemental Clerk's Certificate dated 7-7-00 (Entry Nos. 41-42A) |
| 18 | | 08/02/2000 | |
APPELLEE BRIEF w/ attached Addendum |
| 19 | | 08/02/2000 | |
APPELLEE APPENDIX |
| 20 | | 08/03/2000 | |
DISK - aeb |
| 21 | | 08/18/2000 | |
REPLY BRIEF |
| 22 | | 08/18/2000 | |
APPELLANT APPENDIX to REPLY BRIEF |
| 23 | | 08/18/2000 | |
DISK - RYB |
| 24 | | 08/21/2000 | |
Original signature page for Appellant's Reply Brief |
| 25 | | 10/16/2000 | |
APPEARANCES: Blaine L. Nordwall; John Richardson |
| 26 | | 10/16/2000 | |
ARGUED: Nordwall; Richardson (Vol. X; page 69) |
| 27 | | 12/21/2000 | |
DISPOSITION (Remanded): AFFIRMED |
| 28 | | 12/21/2000 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 29 | | 12/21/2000 | |
Costs on appeal taxed in favor of appellee |
| 30 | | 12/22/2000 | |
Order/Judgment Mailed to Parties |
| 31 | | 01/12/2001 | |
MANDATE |
| 32 | | 01/07/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 33 | | 05/22/2007 | |
EXPUNGED - Nonpermanent record items destroyed |