Watts v. Magic 2 x 52 Management, Inc.
2012 ND 99
| N.D. | 2012Background
- Trust seeks reformation of two 1988 warranty deeds to conform with 1984 contract for deed that reserved all minerals to seller.
- Deeds purportedly reserved ½ of all minerals to Pierce and ½ to LaRoy Wright; Pierce later conveyed minerals to Trust.
- District court dismissed Trust’s reformation claim and did not address Duhig rule or quiet title questions.
- Trust and Jorgensons disputed whether the mineral reservations were inadvertent or intended, and whether title to minerals should be quieted.
- Court dismissed the appeal for lack of Rule 54(b) finality since not all claims were adjudicated and no certification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal properly before the Court under Rule 54(b)? | Trust argues final adjudication of all claims is not required for appeal. | Record lacks a Rule 54(b) certification; judgment not final for all claims. | No jurisdiction; appeal prematurely dismissed. |
| Should the district court have certified finality or remanded under Rule 35(a)(3)? | Remand would allow adjudication of unsettled quiet title issues without forfeiting appeal. | Remand is discretionary and not warranted; certification not proper to piecemeal appeal. | Court did not remand; Rule 54(b) certification not appropriate; appeal dismissed. |
Key Cases Cited
- Kadrmas v. Sauvageau, 188 N.W.2d 753 (N.D. 1971) (Duhig doctrine cited for misrepresentations in deeds)
- Duhig v. Peavy-Moore Lumber Co., 144 S.W.2d 878 (Tex. 1940) (Duhig rule on precluding title transfer due to concealed restrictions)
- Gissel v. Kenmare Twp., 463 N.W.2d 668 (N.D. 1990) (Rule 54(b) elements; unresolved issues affect finality)
- Choice Fin. Group v. Schellpfeffer, 696 N.W.2d 504 (N.D. 2005) (Rule 54(b) certification and piecemeal appeals policy)
- Nodak Mut. Farm Bureau v. Kosmatka, 619 N.W.2d 852 (N.D. 2000) (Rule 54(b) certification inappropriate when issues may become moot)
- Hurt v. Freeland, 569 N.W.2d 266 (N.D. 1997) (Policy against piecemeal appeals; certification to preserve review)
- Hodny v. Hoyt, 224 N.W.2d 826 (N.D. 1974) (Rule 54(b) considerations)
- Brummund v. Brummund, 758 N.W.2d 735 (N.D. 2008) (Appealability and finality considerations)
- B.H. v. K.D., 506 N.W.2d 368 (N.D. 1993) (Interpretation of unresolved issues under Rule 54(b))
- Thompson v. Goetz, 455 N.W.2d 580 (N.D. 1990) (Issues treated as part of Rule 54(b) discussion)