Austin v. Towne

MARING, Justice,

specially concurring.

[¶ 18] I concur in the majority opinion, but write specially to voice my concern with our prior decisions in Lang v. Bank of North Dakota, 877 N.W.2d 575 (N.D.1985) and Thorson v. Thorson, 541 N.W.2d 692 (N.D.1996). If we were visiting the issue of “notice” for the first time, I would join the dissent today. However, we do need a “bright line” interpretation governing when the time for appeal begins to run, so that lawyers and parties know when action is required. I strongly urge that Rule 77(d), N.D.R.Civ.P. be revisited for changes that would recognize service by affidavit of mailing as “notice” of entry of judgment or final order.

[¶ 19] Mary Muehlen Maring