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DESERT PARTNERS IV, L.P. v. BENSON

No. 20140066.

855 N.W.2d 608 (2014)

2014 ND 192

DESERT PARTNERS IV, L.P., and Family Tree Corporation, Plaintiffs v. Thomas H. BENSON, Leatrice Benson, John Benson, Brian Benson, Ann P. Kemske, Jon Kemske; and all other persons unknown claiming any estate or interest in, or lien or encumbrance upon, the property described in the Complaint, Defendants. John Benson, Appellant.

Supreme Court of North Dakota.

October 28, 2014.

Attorney(s) appearing for the Case

John Benson, self-represented, Minnetonka, MN, defendant and appellant.

McEVERS, Justice.

[¶ 1] John Benson appeals from a district court summary judgment quieting title to disputed mineral interests in favor of Desert Partners. Desert Partners moves to dismiss Benson's appeal as untimely. We deny Desert Partners' motion to dismiss. Further, we reverse the district court's grant of summary judgment against John Benson and remand for a hearing on the motions, concluding the district court did not properly notice the hearing it held...

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