Geigle v. Geigle

294 N.W.2d 386, 1980 N.D. LEXIS 257
CourtNorth Dakota Supreme Court
DecidedJune 20, 1980
DocketCiv. No. 9415-A
StatusPublished
Cited by2 cases

This text of 294 N.W.2d 386 (Geigle v. Geigle) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geigle v. Geigle, 294 N.W.2d 386, 1980 N.D. LEXIS 257 (N.D. 1980).

Opinion

PAULSON, Justice.

Marian Geigle appeals from a December 6, 1979, judgment of the Burleigh County District Court. We affirm.

Marian and Otto Geigle were granted a divorce by the Burleigh County District Court in a judgment dated March 23, 1977. In that judgment Marian was awarded the care, custody, and control of the minor children of the parties. Certain household goods were specifically awarded to each of the parties. Marian received the parties’ 1972 Oldsmobile and Otto was awarded their pickup truck. The court ordered that all other property of the parties be sold, including cattle, farm machinery, and real property. The court further ordered that after the sale of the assets of the parties, the proceeds should be used to pay all debts of the parties and the remainder split equally between Marian and Otto.

In the findings of fact and conclusions of law which accompany the March 23, 1977, judgment, the court found that Marian had contributed her time and energies in the pursuit of the livelihood of the parties and awarded the divorce to Marian on the ground of irreconcilable differences. Since the date of the March 23, 1977, judgment in this action, the parties have been unable to finally settle the property division in accordance with the judgment.

This is the third appeal which has been brought to this court since the judgment of divorce was entered between Marian and Otto. In the first appeal we held that a district court order approving the sale of real estate was a final order affecting a substantial right made in a special proceeding after judgment and was, therefore, appealable. Geigle v. Geigle, 261 N.W.2d 399 (N.D.1977). In the second appeal, we set aside the order approving the sale of real estate and remanded for a judicial sale conducted in a manner likely to secure the best possible price for the parties’ real property. [387]*387Geigle v. Geigle, 264 N.W.2d 888 (N.D.1978). In that second appeal, in Geigle, supra 264 N.W.2d at 892, we said:

“In the event that it is decided that the attorneys cannot work together harmoniously to accomplish this objective [read-vertising, rebidding, and resale], a receiver should be appointed by the district court to do so.”

Upon remand, a receiver, D. W. Knudson, was appointed and the property was sold at a price of $165 per acre to Otto, an increase in price of $64 per acre from the previous selling price of $101 per acre. Counsel for Marian has conceded that the sale of real estate is satisfactory and has not raised that as an issue in the instant appeal.

Marian has raised the following three issues on this appeal.

(1) Whether or not the district court erred in finding that the rental value of Marian’s one-half interest in the farm was $2,000 — $1,000 for 1977, and $1,000 for 1978.
(2) Whether or not the district court erred in determining that the sale of the joint property had been properly made, accounted for, and distributed.
(3) Whether or not the district court erred in making the collection of ar-rearages for child support contingent upon waiving an appeal of the farm rent decision.

As hereinbefore mentioned, this appeal was taken from the December 6,1979, judgment of the Burleigh County District Court. The pertinent portions of that judgment are as follows:

“NOW THEREFORE, it is,
“ADJUDGED, DETERMINED AND DECREED
“1. The Plaintiff Marian Geigle has judgment against Defendant Otto Geigle for $4,250.00 being the amount of arrear-ages due as of June 1st, 1979.
“2. The Plaintiff Marian Geigle has judgment against Defendant Otto Geigle for $2,000.00, being $1,000.00 per year for farm rental for the years 1977 and 1978.
“3. The Clerk of Court is holding $3,256.31 for the credit of Otto Geigle and may be disbursed as follows:
“$2,000.00 to Marian Geigle for reasonable rental value and $1,256.31 toward the arrearages.
“4. The Clerk is authorized to release the money to the Plaintiff upon expiration of the time for appeal or upon both sides expressly waiving their right to appeal.
“Dated at Bismarck, North Dakota this 6th day of December, 1979.”

No findings of fact were made, and we are left with a short six-paragraph memorandum decision to analyze in determining the correctness of the December 6, 1979, judgment. The district court found that no applications were made for lease or rental of the farm property and that no agreement was reached by the parties as to terms for the use of the property. In the district court’s June. 18, 1979, memorandum decision, it states:

“Both sides have been remiss in this case in failing to properly handle this area during periods of appeal and general litigation.”

We have thoroughly examined the record and find that it supports the decision of the trial court in every respect, as we shall elaborate upon further. “One of the problems” in this case (to borrow a term from Marian’s counsel) has been the inability or refusal of the parties and their attorneys1 to work out a harmonious resolution of these disputes. It is essential that these parties recognize the necessity for resolution of these disputes and an end to litigation. As we have indicated in other opinions, “Let this be it”. Matter of Estates of Kjorvestad, 287 N.W.2d 465, 467 (N.D.1980); City of Wahpeton v. Drake-Henne, Inc., 228 N.W.2d 324 (N.D.1975).

Our standard of review in this case is governed by Rule 52(a) of the North Dakota [388]*388Rules of Civil Procedure. We quote the following from Nastrom v. Nastrom, 284 N.W.2d 576, 580 (N.D.1979):

“This court has said many times in the past that the trial court’s determination on matters of alimony and property division are treated as findings of fact. Haugeberg v. Haugeberg, 258 N.W.2d 657 (N.D.1977); Kostelecky v. Kostelecky, 251 N.W.2d 400 (N.D.1977); Larson v. Larson, 234 N.W.2d 861 (N.D.1975). The findings of the trial court on these matters will not be set aside unless they are clearly erroneous. Rule 52(a), N.D.R. Civ.P. A particular finding of fact is clearly erroneous when, although there is some evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made. Bender v. Bender, 276 N.W.2d 695 (N.D.1979); Bohnenkamp v. Bohnenkamp, 253 N.W.2d 439 (N.D.1977); In re Estate of Elmer,

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Bluebook (online)
294 N.W.2d 386, 1980 N.D. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geigle-v-geigle-nd-1980.