Holkesvig v. Grove
2012 ND 208
| N.D. | 2012Background
- Jeffrey and Darcie Shannon married in 1984 and had two children.
- Darcie filed for divorce in May 2009; Jeffrey moved out in July 2009; trial court later dismissed the divorce action but the parties remained separated.
- Jeffrey suffered a serious automobile accident in December 2009; Darcie was named temporary guardian.
- Jeffrey’s medical debt totaled about $135,000; the insurer refused to cover his medical expenses.
- During trial in May 2010, the court reserved ruling on the $135,000 medical debt pending anticipated litigation against the insurer and issued an interlocutory judgment.
- The district court divided other marital property, ordered child support, rehabilitative spousal support, and attorney fees, while reserving the medical debt for later resolution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is timely and properly before the court. | Shannon argues the district court’s judgment and post-judgment order are appealable. | Shannon contends the judgment is not final and thus not appealable. | No jurisdiction; the judgment is not final or separately appealable. |
| Whether the interlocutory nature of the judgment bars appeal without 54(b) certification. | The parties agreed to an interlocutory judgment, so appeal should be allowed. | Rule 54(b) certification is required to make an interlocutory judgment appealable; it was not certified. | Judgment not final and not appealable. |
Key Cases Cited
- Holbach v. City of Minot, 2012 ND 117 (2012) (jurisdictionary requirement; right to appeal exists only if statutory basis exists)
- In re Estate of Hollingsworth, 2012 ND 16 (2012) (appealability limits; finality and enumerated appeal provisions)
- City of Grand Forks v. Riemers, 2008 ND 153 (2008) (only final judgments or enumerated orders are appealable)
- Frontier Enters., LLP v. DW Enters., LLP, 2004 ND 131 (2004) (interlocutory judgments may be nonappealable unless final under Rule 54(b))
- Brummund v. Brummund, 2008 ND 224 (2008) (Rule 54(b) certification improper when not a complete disposition of a claim)
- Choice Fin. Group v. Schellpfeffer, 2005 ND 90 (2005) (Rule 54(b) certification only appropriate when entire claim resolved)
- Kosobud v. Kosobud, 2012 ND 122 (2012) (property distribution and spousal support must be considered together)