Innis-Smith v. Smith

Terry Smith appealed, and Cindie Innis-Smith cross-appealed, an amended judgment granting the parties a divorce, dividing the parties' marital property, and awarding Innis-Smith spousal support. Smith also appealed an order denying his motion to reopen the record to present additional evidence relating to the values of certain items of marital property. Smith argued the district court clearly erred by equally distributing the marital property, claiming the parties' short marriage did not justify an equal distribution. The North Dakota Supreme Court found no reversible error in the trial court’s distribution of the marital property. However, because of an alleged substantial change in the values of water depot and mineral interests as part of the marital property, the Supreme Court concluded the trial court abused its discretion in denying Smith's motion to reopen the record to allow the parties to present additional evidence on the values of those property interests. The Supreme Court reversed the court's order denying Smith's motion to reopen, and remanded this case for further proceedings relating to the values of the water depot and mineral interests. View "Innis-Smith v. Smith" on Justia Law