Albrecht v. Albrecht

[¶ 20] I respectfully dissent. Instead of treating this case as merely an application of N.D.R.Civ.P. 54(b), I would affirm after concluding that the action did not abate, that the district court exercised its discretion and severed the divorce action from the property distribution proceeding and that the district court’s allocation of marital property was not clearly erroneous.

[¶ 21] The majority opinion follows our Rule 54(b) jurisprudence and overlooks the reality that a divorce action and the marital property division cannot always occur simultaneously. Legitimate delays sometimes occur…