Hollingsworth v. Hollingsworth
809 N.W.2d 328
| N.D. | 2012Background
- Audrey Hollingsworth died in February 2006, survived by four sons Lyle, Kevin, Jerry, and Cory.
- The will devised land and farm equipment among the sons and granted usage rights in the house and garage to Jerry and Cory during their lifetimes, with the remainder passing to all four equally.
- Informal probate commenced in 2006 with Lyle as personal representative.
- The house was insured under a farm policy listing Jerry as primary insured and Audrey as additional insured; after Audrey's death, the Estate was listed as additional insured.
- In May 2006 the house burned; Nodak Mutual Insurance paid proceeds to Jerry and the Estate, with disputes over distribution among parties.
- The district court ordered a division of proceeds based on life estate values, and found Cory had not exercised his life estate rights; a separate dispute over $9,200 for debris removal remained unresolved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appealable order final without Rule 54(b) certification? | Hollingsworth contends the judgment resolves all claims with no 54(b) relief. | Nodak argues unresolved debris-removal issue prevents finality; no 54(b) certification. | Not appealable; lacking finality without 54(b) certification. |
| Is the appeal from an order for judgment treated as from a final judgment? | Appeal from order for judgment should be treated as from a final judgment. | If no final judgment exists, no jurisdiction. | We treat it as from a judgment, but jurisdiction still requires finality under Rule 54(b). |
| Does Rule 54(b) certification apply to probate orders? | Rule 54(b) should allow immediate appeal of partial probate resolutions. | Probate orders not certified under 54(b) obstruct immediate appeal to prevent piecemeal appeals. | No Rule 54(b) certification; appeal dismissed for lack of jurisdiction. |
Key Cases Cited
- State v. Walker, 2010 ND 214 (ND 2010) (jurisdictional thresholds for appeals under ND statutes)
- Investors Title Ins. Co. v. Herzig, 2010 ND 138 (ND 2010) (two-step finality analysis for review of orders)
- Brummund v. Brummund, 2008 ND 224 (ND 2008) (Rule 54(b) considerations in probate contexts)
- Matter of Estate of Sorensen, 406 N.W.2d 365 (ND 1987) (probate appeals and 54(b) considerations)
- In re Estate of Stensland, 1998 ND 37 (ND 1998) (unsupervised probate finality and appealability)
- In re Estate of Eggl, 2010 ND 104 (ND 2010) (finality requirements in probate matters)
- Lund v. Lund, 2011 ND 53 (ND 2011) (treatment of appeals from judgments in probate contexts)
- Gray v. North Dakota Game & Fish Dep't, 2005 ND 204 (ND 2005) (principles governing appealability in administrative cases)