Welder v. WelderCivil No. 950186

Per Curiam.

John Welder appeals an order of the Burleigh County District Court, arguing the trial court did not make an equitable distribution of the parties' property. He specifically challenges the trial court's award to Sonja of one-third of his pension plan, and he claims the trial court erred in valuing other assets and liabilities of the parties. We affirm under Rule 35.1(a)(2), N.D.R.App.P. Schmidkunz v. Schmidkunz, 529 N.W.2d 857, 860 (N.D. 1995) (stating the trial court must make an equitable, not necessarily equal, distribution of the parties' real and personal property, and on appeal the court's findings of fact will not be set aside unless they are clearly erroneous).

We award attorney's fees in the amount of $500 as well as costs on appeal.

Gerald W. VandeWalle, C.J.
William A. Neumann
Dale V. Sandstrom
Herbert L. Meschke

Because of the vacancy on the Court at the time of hearing and decision, this case was decided by four Justices.