Capps v. Weflen

Colleen Weflen, Marleen Weflen, Sharon Kruse, Catherine Harris, Norris Weflen, Windsor Bakken, LLC, Gulfport Energy Corp. and EOG Resources, Inc., appealed a district court judgment vacating a previous order granting Weflens' motion for summary judgment, granting Patricia Capps' motion for summary judgment and finding that the Weflens had no claim to a one-half mineral interest reserved by Ruth Nelson in 1975. Nelson conveyed real property in Mountrail County, to Olav and Rose Weflen, reserving to herself one-half of the minerals in the property. In 1979, Nelson executed a mineral deed conveying her mineral interest to Patricia Capps and Terrel Anderson. Nelson's deed was not recorded until 2009. Colleen Weflen, Marleen Weflen, Sharon Kruse, Catherine Harris and Norris Weflen were the current surface owners of the real property. In December 2005 and January 2006, the Weflens published a Notice of Lapse of Mineral Interest in the Mountrail County Promoter for three consecutive weeks. The notice of lapse was subsequently mailed by certified mail, return receipt requested, with restricted delivery to the two last known addresses of Nelson. The addresses were obtained from the 1975 warranty deed from Nelson to Olav and Rose Weflen and from an oil and gas lease dated 1973. The two notices sent by mail were returned undelivered. Nelson died in 1983. No Statement of Claim of Mineral Interest was filed by or on behalf of Nelson within sixty days after the first publication of the notice of lapse. Capps filed a statement of claim in2008. Capps brought suit to quiet title in the mineral interest in 2009. The district court granted Weflens' motion for summary judgment, quieting title of the disputed minerals in the Weflens. Subsequently, Gerald Wools, Penny Brink, Michael Lee, Melissa Kellor and Gwen Hassan ("Hassans") were joined as plaintiffs and then designated as defendants. Hassans claimed an interest to the minerals as heirs of Nelson. Weflens moved for summary judgment against Hassans. Capps requested the district court deny the motion and reconsider its prior order quieting title in Weflens. Upon reconsideration, the district court vacated its prior order granting Weflens' motion for summary judgment, granted Capps' motion for reconsideration and found as a matter of law Weflens had no claim to the one-half mineral interest. The district court entered a final judgment adjudicating fewer than all of the claims of the parties pursuant to N.D.R.Civ.P. 54(b), concluding, "Because the ancillary claims in this case depend[ed] upon final resolution of the dormant minerals dispute, the Court agrees there is no just reason to delay entry of judgment on the main claim." Upon review, the Supreme Court concluded that the district court inappropriately certified the summary judgment under N.D.R.Civ.P. 54(b), and the court abused its discretion in directing entry of a final judgment. The case was remanded for further proceedings. View "Capps v. Weflen" on Justia Law