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HABBERSTAD v. HABBERSTAD

Civ. No. 890050.

444 N.W.2d 703 (1989)

Candace Sue HABBERSTAD, Plaintiff and Appellee, v. Mark Arlyn HABBERSTAD, Defendant and Appellant.

Supreme Court of North Dakota.

August 28, 1989.

Attorney(s) appearing for the Case

Fleming, DuBois & Trenbeath, Cavalier, for defendant and appellant; argued by Lawrence D. DuBois.

Wayne T. Anderson (argued), Fargo, for plaintiff and appellee.

LEVINE, Justice.

Mark Arlyn Habberstad appeals from a judgment of divorce from Candace Sue Habberstad primarily on the ground that the trial court lacked subject-matter jurisdiction. We affirm.

In November 1986, Candace moved to Omaha, Nebraska, where she continues to live. In August 1987, she sued for divorce in North Dakota and served Mark by publication. Prior to trial, Mark moved to dismiss for lack of subject-matter jurisdiction because Candace was not...

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