North Dakota Supreme Court, 1994

Hoffart v. Voeller

North Dakota Supreme Court · Decided June 15, 1994 · Levine, Meschke, Neumann, Sandstrom, Walle

517 N.W.2d 631; 1994 N.D. LEXIS 118 (North Western Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Matter of Estate of Voeller (N.D. 1994)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Gary Hoffart appealed from a summary judgment entered in county court denying Hoffart’s petition to probate a codicil to the will of Joseph Voeller, entered on a “Motion for Summary Judgment on Petition for Probate of a Codicil,” filed by Voeller’s children. Distribution of the estate has not been approved; discharge of the personal representative is not final; no Rule 54(b), NDRCivP, certification has been made. The judgment is a partial summary judgment; it is not final, and it is not appealable. Central Power Elec. Co-op v. C-K, Inc., 512 N.W.2d 711 (N.D. 1994); Matter of Estate ofStarcher, 447 N.W.2d 293 (N.D. 1989); Matter of Estate of Erickson, 368 N.W.2d 525 (N.D. 1985); Cf. Meyer v. City of Dickinson, 397 N.W.2d 460 (N.D. 1986).

The appeal is dismissed.

VANDE WALLE, C.J., and SANDSTROM, NEUMANN, LEVINE and MESCHKE, JJ., concur.

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