Matter of Estate of Stuckle

427 N.W.2d 96, 1988 N.D. LEXIS 142, 1988 WL 66468

• Court: North Dakota Supreme Court
• Decided: June 28, 1988
• Docket: Civ. 870375
• Status: Published

Opinions

GIERKE, Justice.

Marion Stuckle appeals from county court judgments denying several of her claims in probate against the estate of her husband, Daniel Stuckle. We dismiss the appeal.

The requirements of Rule 54(b), N.D.R. Civ.P., are fully applicable in probate proceedings. Matter of Estate of Erickson, 368 N.W.2d 525, 528 (N.D.1985). In Matter of Estate of Sorensen, 406 N.W.2d 365 (N.D.1987), we said:

“Under North Dakota Century Code § 30.1-02-06.1 [U.P.C. 1-308], the right to appellate review of probate orders is governed by the rules applicable to appeals to the Supreme Court in equity cases from the district court. Section 28-27-02, NDCC, specifies which orders are appealable to this Court. Once jurisdiction is established under § 28-27-02, NDCC, Rule 54(b)’s separate requirements must also be met, if applicable. Gillan v. Saffell, 395 N.W.2d 148, 149 (N.D.1986). Parties in probate cases bear the duty of requesting a Rule 54(b) order or certification if they seek an appeal. First Trust Co. of North Dakota v. Conway, 345 N.W.2d 838, 842 (N.D.1984).”

The parties have acknowledged that Daniel’s estate has not been closed and that Marion has additional claims against the estate which remain pending before the county court. There is nothing in the record certified to this court which can be construed as a Rule 54(b), N.D.R.Civ.P., certification. Compare First Trust Co. of North Dakota v. Conway, supra, 345 N.W.2d at 841-842.

Accordingly, the appeal is dismissed.

ERICKSTAD, C.J., and VANDE WALLE and LEVINE, JJ., concur.