Schumacher v. Schumacher

GIERKE, Justice.

Dean Schumacher, and his wife Sandra, appeal from a district court judgment (1) dismissing all claims which were handled by the court as derivative and equitable claims against Mary Schumacher, as personal representative of the estate of Robert 0. Schumacher, her deceased husband; Roam’s Rentals, a North Dakota general partnership (Roam’s); and Schumacher’s of Fargo, Inc., a North Dakota corporation (Schumacher’s), and (2) providing relief to the parties pursuant to a jury verdict. We reverse the judgment in its entirety and remand for a jury trial on the merits of all issues.

A…