Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 03-13-2024
Case Style:
Randy Hook v. Brenda Hook
Case Number: 42-CV-22-353
Judge: Not Available
Court: District Court, Lyon County, Minnesoa
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Marshall, Minnesota personal injury lawyers represented the parties in a fraud and conversion of firearms.
In December 2020, respondent Brenda Hook, the surviving wife of Roger Hook, initiated a probate proceeding in Lyon County District Court and was appointed as the personal representative of Roger's[1] estate.
In October 2021, in the probate proceeding, Brenda filed an inventory, which included firearms and ammunition valued at $36,000, and mailed the inventory to appellant Randy Hook, who is Roger's son and Brenda's stepson. In December 2021, Randy's attorney notified the attorney assisting with Roger's estate that Randy claimed ownership of firearms in the inventory. Two days later, Brenda transferred 59 firearms to the Pheasants Forever respondents.
In March 2022, Randy commenced this separate civil action, also in Lyon County District Court, asserting that the transfer of the firearms constituted conversion and fraud by: (1) Pheasants Forever, (2) Brenda individually, and (3) Brenda as personal representative of Roger's estate. Brenda filed a motion to dismiss the complaint for lack of subject-matter jurisdiction, which Pheasants Forever supported.
In June 2022, the district court dismissed the complaint. The district court concluded that "the probate court and district court in Lyon County have concurrent jurisdiction over the firearms and ammunition at issue," and "[b]ecause the probate court was the first to obtain jurisdiction, all claims or controversies involving the disputed property shall be decided in [the probate proceeding]." Randy appeals.
* * *
Hook v. Hook, A22-1140 (Minn. App. Mar 13, 2023)
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: