Herman v. Herman, et al.
Annotate this CasePaul Herman appealed a judgment entered in favor of the trustees of a family trust [collectively the Trustees] following the district court’s granting of the Trust’s motion for summary judgment. Herman argued the district court erred by finding the 120 day period to challenge the actions of the Trustees expired before he initiated these proceedings without providing him an opportunity to conduct discovery. After review, the North Dakota Supreme Court concluded the 120 day limitation period under N.D.C.C. 59-10.1-03(1) did not begin until receipt of the notice of the Trustees actions, reversed the judgment of the district court, and remanded with instructions to allow Herman additional time to conduct discovery pursuant to his request under N.D.R.Civ.P. 56(f).
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