No. 19-1206

Paul Boland, as Heir of the Estate of Dixie L. Boland, et al. v. Chris Boland, et al.

Lower Court: Montana
Docketed: 2020-04-10
Status: Denied
Type: Paid
Tags: 14th-amendment civil-procedure civil-rights discovery discovery-rights due-process estate-dispute hearing probate probate-law standing
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2020-06-11
Question Presented (AI Summary)

Were Petitioners denied due process

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Were Petitioners denied due process of the law when their motion in probate court to turn over assets belonging to their father’s estate was denied without a hearing after Petitioners specifically requested a hearing and while discovery was in process (motion to compel outstanding) and when the state supreme court affirmed the district court’s denial of a hearing? In other words, is a hearing required when a personal representative or heir seeks turnover of assets to an estate in a probate proceeding and is denial of such a hearing when material facts are at issue a violation of the petitioner's rights under the due process clause of the 14 Amendment of the Constitution of the United States. 2) Does Due Process of Law under the 14% Amendment require some minimal discovery requested in a civil case where material facts are disputed?

Docket Entries

2020-06-15
Petition DENIED.
2020-05-26
DISTRIBUTED for Conference of 6/11/2020.
2020-02-07
Petition for a writ of certiorari filed. (Response due May 11, 2020)
2020-02-04
Application (19A872) granted by Justice Kagan extending the time to file until February 13, 2020.
2020-01-24
Application (19A872) to extend the time to file a petition for a writ of certiorari from February 3, 2020 to February 13, 2020, submitted to Justice Kagan.

Attorneys

Paul Boland, et al.
Thomas E ToweTowe, Ball, Mackey, Sommerfeld & Turner, PLLP, Petitioner
Thomas E ToweTowe, Ball, Mackey, Sommerfeld & Turner, PLLP, Petitioner