Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Steven L. Marquart, Judge.
Jonathan T. Garaas, DeMores Office Park, Fargo, N.D., for plaintiff and appellant.
Tracy L. Jordet, defendant; no appearance.
Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner, Gerald W. VandeWalle, C.J. Opinion of the Court by Sandstrom, Justice.
[¶1] Bradley Jordet appeals from district court orders consolidating cases, adopting a judicial referee's decision denying his request for a money judgment against Tracy Jordet, and denying his motion for a new trial or amended findings. Bradley Jordet argues the district court erred in consolidating his action for reimbursement with the divorce and he was entitled to a default judgment on his motion for entry of a money judgment. We dismiss the appeal, concluding we do not have jurisdiction to consider the appeal because Bradley Jordet did not appeal from a final, appealable order.
[¶2] In December 2010, Bradley and Tracy Jordet divorced. Bradley Jordet was awarded primary residential responsibility of the parties' two minor children, and Tracy Jordet was ordered to pay child support. The parties were ordered to equally divide the minor children's uncovered medical expenses. The divorce judgment also divided the parties' assets and debts. Tracy Jordet was awarded the parties' lake property in Minnesota and was ordered to pay certain debts, including the mortgage on the lake property, a Chase account, and an MBNA account. The judgment included a provision stating, " Hold Harmless and Indemnify. If either party shall be required to pay any debt, liability, mortgage or lien that the other party agreed or assumed to pay, the paying party shall be held harmless and shall be indemnified by the other party for said payments including appropriate costs and attorney's fees."
[¶3] In 2012, Bradley Jordet sued Tracy Jordet for reimbursement under the indemnity provision of the divorce judgment in a separate action. He claimed he was entitled to reimbursement under the indemnity provision because he paid $7,746.42 in debts and expenses for Tracy Jordet's benefit prior to February 2011, including insurance for the lake property, insurance for Tracy Jordet's vehicle, utilities for the lake property, the Chase and MBNA accounts, the mortgage on the lake property, Tracy Jordet's portion of the
children's medical expenses, and medical expenses attributable to Tracy Jordet.
[¶4] Tracy Jordet answered and counterclaimed, denying all of Bradley Jordet's allegations. She claimed she did not owe the money Bradley Jordet alleged and his claim about these amounts were already resolved in the divorce, and she requested attorney's fees and sanctions. She moved for summary judgment, arguing the issues were addressed and adjudicated with finality in the divorce and Bradley Jordet's claim should be dismissed because it is barred by res judicata and collateral estoppel. She alternatively argued the claims should be dismissed under N.D.R.Civ.P. 12(b)(6) for failing to state a valid claim, because Bradley Jordet failed to provide proper documentation of his claim and provide sufficient evidence of the amounts allegedly owed to him. She submitted exhibits in support of her motion. Tracy Jordet also moved for sanctions under N.D.R.Civ.P. 11.
[¶5] Bradley Jordet responded to the motion for summary judgment, arguing there has never been a judicial determination Tracy Jordet does not owe the amounts he alleged. He also argued her pleadings were frivolous and he requested attorney's fees and other ...