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INVESTORS TITLE INS. CO. v. HERZIG

No. 20100108.

793 N.W.2d 371 (2011)

2011 ND 7

INVESTORS TITLE INSURANCE COMPANY, Plaintiff v. David F. HERZIG, Southeastern Shelter Corporation, and Sheldon Smith, Personal Representative of the Estate of Alphild Herzig, substituted for Alphild Herzig, Deceased, Defendants. On Appeal Southeastern Shelter Corporation, Plaintiff and Appellant v. David F. Herzig; and Sheldon Smith, in his capacity as Personal Representative of the Estate of Alphild Herzig, substituted for Alphild Herzig, Deceased, Defendants and Appellees.

Supreme Court of North Dakota.

January 12, 2011.

Attorney(s) appearing for the Case

Robert S. Rau , Minot, N.D., for plaintiff and appellant.

Arnold V. Fleck (argued), Bismarck, N.D., for defendant and appellee Sheldon Smith.

Daniel Harry Oster (appeared), Bismarck, N.D., for defendant and appellee David F. Herzig.

MARING, Justice.

[¶ 1] Southeastern Shelter Corporation ("Southeastern") appeals from an order declaring that a 1989 North Carolina judgment against David F. Herzig which Southeastern had attempted to collect from Herzig is no longer enforceable. We conclude that the district court had jurisdiction to rule on Herzig's motion and that the court did not err in concluding the judgment is unenforceable. We affirm.

I

[¶ 2] In 1989, Southeastern...

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