State v. Swearingen
2012 ND 6
| N.D. | 2012Background
- Audrey Hollingsworth died in February 2006, survived by four sons: Lyle, Kevin, Jerry, and Cory.
- Audrey's will devised land to Kevin and Cory, gave lifetime interests in the house to Jerry and Cory, and left the remainder in the four sons.
- Informal probate began in 2006 with Lyle as the personal representative.
- The house was insured under a Nodak policy listing Jerry as primary insured and Audrey as additional insured; the Estate was later listed as additional insured.
- In May 2006 the house burned; Nodak paid insurance proceeds to Jerry and the Estate, prompting disputed allocations among the parties.
- The district court ordered division of the proceeds and concluded debris-removal proceeds ($9,200) remained unresolved; it found Cory had not exercised his life estate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the judgment appealable without Rule 54(b) certification? | Hollingsworth argues the judgment disposed of all issues between parties. | The probate proceeding is unsupervised and requires Rule 54(b) certification for partial finality. | Not appealable without Rule 54(b) certification. |
| Does finality require certification because not all disputes were resolved? | Judgment finalizes distribution of insurance proceeds among parties. | Incomplete resolution (including $9,200 debris-removal issue) means no final, appealable judgment without 54(b). | Finality lacking; requires 54(b) certification or dismissal. |
Key Cases Cited
- State v. Walker, 2010 ND 214 (North Dakota 2010) (jurisdictional review of appealability)
- Investors Title Ins. Co. v. Herzig, 2010 ND 138 (North Dakota 2010) (finality and Rule 54(b) applicability in probate)
- Brummund v. Brummund, 2008 ND 224 (North Dakota 2008) (Rule 54(b) discretion in probate judgments)
- Lund v. Lund, 2011 ND 53 (North Dakota 2011) (appeal from order for judgment treated as appeal from final judgment)
- Gray v. North Dakota Game & Fish Dep’t, 2005 ND 204 (North Dakota 2005) (finality principles in state appellate review)
- Matter of Estate of Sorensen, 406 N.W.2d 365 (North Dakota 1987) (Rule 54(b) considerations in probate appeals)
- In re Estate of Stensland, 1998 ND 37 (North Dakota 1998) (unsupervised probate; need for 54(b) certification for partial finality)
- In re Estate of Eggl, 2010 ND 104 (North Dakota 2010) (scope of appeal in probate proceedings)