NORDGAARDEN v. KIEBERT

Docket No. 48919.

527 P.3d 486 (2023)

Ruth Ann NORDGAARDEN, a widowed woman, Plaintiff-Counterdefendant-Respondent, v. Kermit KIEBERT, a married man, Defendant-Counterclaimant-Cross Claimant-Respondent, and Kay Kiebert, a single woman, Defendant-Cross Defendant-Appellant, and Susan Kiebert, Defendant.

Supreme Court of Idaho, Coeur d'Alene, September 2022 Term.

Opinion Filed: March 24, 2023.


Attorney(s) appearing for the Case

Ramsden, Marfice, Ealy & De Smet, LLP, Coeur d'Alene, for Appellant Kay Kiebert. Jack A. Mosby argued.

Finney Finney & Finney, PA, Sandpoint, for Respondent Kermit Kiebert. Rex A.M. Finney argued.

J.T. Diehl, Sandpoint, for Respondent Ruth Ann Nordgaarden. James T. Diehl argued.


This case concerns a partition action. Following a court trial, the district court determined that a physical partition of the property would result in great prejudice and ordered the parties to sell the property and split the proceeds equally. Kay Kiebert appeals the district court's order, arguing that the district court utilized...

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