[Go to Documents] | Filed May 22, 1989 |
In the Matter of the Estate of Fred A. Schatz, Deceased
Wilfred Schatz, Petitioner and Appellant
v.
Elizabeth Schatz, Personal Representative of the Estate of Fred A. Schatz, Deceased, Respondent and Appellee
Civil No. 890031
Appeal from the County Court for Hettinger County, Southwest Judicial District, the Honorable F. Gene Gruber, Judge.
AFFIRMED.
Opinion of the Court by Gierke, Justice.
Mackoff, Kellogg, Kirby & Kloster, PC, 46 West Second Street, P.O. Box 1097, Dickinson, ND 58602-1097, for petitioner and appellant; argued by Mary E. Maichel.
Freed, Dynes, Reichert & Buresh, PC, P.O. Drawer K, Dickinson, ND 58602-8305, for respondent and appellee; argued by George T. Dynes.
In the Matter of the Estate of Fred A. Schatz, Deceased
Gierke, Justice.
Wilfred Schatz appeals from a county court order entered October 26, 1988, denying Schatz's Rule 59(j) motion, as well as the amended order approving final account and distribution and determining testacy status and the memorandum order denying Schatz's Rule 60(b) motion, both of which were entered by the county court on August 3, 1988. We affirm pursuant to Rule 35.1(a)(4) and (7), N.D.R.App.P.; Schatz v. Schatz, 419 N.W.2d 903 (N.D. 1988). Also, we do not find the appeal to be so flagrantly groundless or frivolous as to cause us to assess costs and attorney fees under Rule 38, N.D.R.App.P.
H.F. Gierke III
Herbert L. Meschke
Beryl J. Levine
A.C. Bakken, S.J.
Ralph J. Erickstad, C.J.
BAKKEN, S. J., sitting in place of VandeWalle, J., disqualified.