Thompson fails to provide any form of evidence indicating the remaining funds in the account are due Thompson from the initial sale of the funeral home business in 1996.Īlderwoods, on the other hand, has provided documentation, deposition testimony, and interrogatory answers proving Thompson has no claim to the funds. The loss of Thompson's unsecured debt due to Alderwoods predecessor filing bankruptcy also does not create a right to the funds in the account. The fact a signature card remained at the bank does not create an interest in a bank account some five years later. The transaction was complete and Thompson had no claim to the bank account at that time. Thompson from all evidence provided by Alderwoods sold the funeral home business in 1996 and received credit and funds pursuant to the purchase agreement. Thompson has failed to present competent evidence outlining its claim to the funds in the account. In its decision granting summary judgment, the district court explained: An issue of fact may be appropriate for summary judgment if reasonable minds can draw only one conclusion from the evidence. The party resisting a summary judgment motion must, if appropriate, draw the court's attention to relevant evidence in the record raising an issue of material fact. If the moving party meets its initial burden of showing the absence of a genuine issue of material fact, a nonmoving party may not rely on mere allegations, but must present competent evidence by affidavit or other comparable means creating a material factual dispute. In considering a motion for summary judgment, the court may examine the pleadings, depositions, admissions, affidavits, interrogatories and inferences to be drawn from that evidence.
Thompson funeral home garrison nd trial#
56 is a procedural device for prompt and expeditious disposition of a controversy without a trial if there is no genuine issue of material fact or if the law is such that resolution of the factual disputes will not alter the result. Alderwoods asserts the district court properly granted summary judgment, because Thompson has failed to support its claim for the funds with documentation or evidence to raise a genuine issue of material fact that Thompson has a legal claim to the funds.
On appeal, Thompson asserts the district court erred in granting summary judgment, because there are genuine issues of material fact that need to be resolved. The district court granted Alderwoods' motion for summary judgment, dismissing Thompson's claim to the funds and directing the bank to release the funds to Alderwoods. Thompson and Alderwoods were notified of the action by the bank, and both responded, asserting a legal right to the funds in the account. 32-11, to deposit with the clerk of the district court $176,621.15 in proceeds in checking account number 002-436, asserting the bank was holding the funds in the account but was uncertain who had a legal right to claim the funds. This action was initiated by Garrison State Bank and Trust, under N.D.C.C. On January 2, 2002, Loewen changed its name to Alderwoods. The business was ultimately sold by Vertin back to Dennis and Clara Thompson. (“Vertin”), but documents show that Loewen retained all cash assets. The business was ultimately acquired by Vertin Acquisition Entity, L.L.C. Loewen filed for bankruptcy in September of 1999, and Thompson filed an unsecured claim in the bankruptcy court for the balance of the purchase price. The contract for the sale of the business required a $185,000 cash down payment and an unsecured promissory note in the amount of $380,000 to be paid off in ten annual payments. After they sold the company, the account at Garrison State Bank and Trust remained open and Loewen continued to use it as a business operating account. In 1996, they sold the funeral home to the Loewen Group International, Inc. Dennis and Clara Thompson owned and operated the Thompson Funeral Home in Garrison and opened the Garrison State Bank and Trust account, number 002-436, to operate the business. The district court found Thompson failed to present a genuine issue of material fact about its entitlement to the funds and concluded, as a matter of law, the money in the account belonged to Alderwoods Group, Inc. (“Thompson”) appealed from a summary judgment dismissing its claim for funds held on deposit in a checking account with Garrison State Bank and Trust. Reich, Pearce & Durick, Bismarck, ND, for appellee. LaRoy Baird III,LaRoy Baird, P.C., Bismarck, ND, for appellant. ALDERWOODS GROUP, INC., f/k/a The Loewen Group, Inc., Appellee. THOMPSON FUNERAL HOMES, INC., Appellant, v.
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