State v. Shoup

Filed 6/21/11 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2011 ND 97 In the Matter of the Estate of Ardis Dionne, Deceased Randall A. Dionne and Cynthia A. Larson, Petitioners and Appellants v. Norman Dionne, Individually and as Personal Representative of the Estate of Ardis Dionne, Respondent and Appellee No. 20100353 Appeal from the District Court of Mountrail County, Northwest Judicial District, the Honorable David W. Nelson, Judge. AFFIRMED. Per Curiam. Tom P. Slorby, 600 22nd Avenue NW, P.O. Box 3118, Minot, N.D. 58702-3118, for petitioners and appellants. Rebecca S. Thiem (argued) and James S. Hill (appeared), 316 North Fifth Street, P.O. Box 1695, Bismarck, N.D. 58502-1695, for respondent and appellee. Estate of Dionne No. 20100353 Per Curiam. [¶1] Randall Dionne and Cynthia Larson appeal from the district court’s judgment concluding the parties intended to convey certain property to their brother, Norman Dionne. They argue the district court’s findings and conclusions were clearly erroneous. This case was previously before this Court in Estate of Dionne , 2009 ND 172, 772 N.W.2d 891, in which this Court reversed and remanded for the district court to make certain findings regarding the distribution agreement signed by the parties. The district court concluded the parties intended to transfer the property in its entirety to Norman Dionne. The district court’s findings are supported by the evidence in the record and are not clearly erroneous, and we summarily affirm the district court’s judgment under N.D.R.App.P. 35.1(a)(2) and (3). [¶2] Dale V. Sandstrom Wickham Corwin, D.J. William F. Hodny, S.J. Thomas E. Merrick, D.J. Gerald W. VandeWalle, C.J. [¶3] The Honorable Thomas E. Merrick, D.J., the Honorable Wickham Corwin, D.J., and the Honorable William F. Hodny, S.J., sitting in place of Maring, J., Crothers, J., and Kapsner, J., disqualified.