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OAKLAND v. BOWMAN

No. 20130142.

840 N.W.2d 88 (2013)

2013 ND 217

Maggie OAKLAND, daughter of John T. Gassmann, Plaintiff and Appellant v. Bonnie G. BOWMAN, Evan B. Del Val, Dayna K. Del Val, and State Bank and Trust of Fargo North Dakota, Personal Representative of The John T. Gassmann Estate and Trustee of The John T. Gassmann Revocable Living Trust under agreement dated August 11, 2004, The Second amendment to and Complete restatement of the John T. Gassmann Revocable Trust Agreement dated December 16, 2011 and any other Amendment of these instruments, Defendants and Appellees.

Supreme Court of North Dakota.

November 25, 2013.

Attorney(s) appearing for the Case

Margaret A. Oakland (appeared), self-represented, and Michael Arthur Ernst Loesevitz (argued), Grand Forks, ND, for plaintiff and appellant.

Robert Glynn Manly (argued) and Vanessa L. Anderson (appeared), Fargo, ND, for defendants and appellees Bonnie G. Bowman, Dayna K. Del Val, and Evan B. Del Val.

Berly D. Nelson (argued) and Timothy George Richard (on brief), Fargo, ND, for defendant and appellee State Bank and Trust of Fargo North Dakota.

CROTHERS, Justice.

[¶ 1] Margaret A. Oakland appeals a district court order granting summary judgment in favor of Bonnie G. Bowman, Evan B. Del Val and Dayna K. Del Val. Oakland argues her claim was not time-barred and equitable tolling should apply. We affirm, concluding that the district court did not err in determining that Oakland's claim was commenced after the statute of limitations expired and that equitable tolling did not apply.

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