Justia North Dakota Supreme Court Opinion Summaries

Discover Bank (Discover) appealed a district court order denying its motion for judgment and dismissing the case. Discover sued Bryan Hornbacher, alleging he was indebted to it on a credit card debt for $14,695.13. The parties entered into a stipulation and consent. The stipulation provided an acknowledgment by Hornbacher that he had been served with the summons and complaint and an admission that he had no defenses to the allegations in the complaint. Hornbacher consented to entry of judgment in the amount of $14,695.13 in exchange for Discover’s agreement to accept $10,080.00 payable over three years as full satisfaction of the judgment, and to forego execution on the judgment unless there were a default in the agreed-upon payment schedule. In its order, the trial court found that “[p]laintiff files a stipulation stating it will not move for judgment unless the terms of the agreement are [breached].” The North Dakota Supreme Court found this was an error, as was the trial court's focus on the lack of default under the stipulation having occurred: "Discover was not moving to execute the judgment, but rather was, by affidavit, moving for judgment to be entered against Hornbacher pursuant to the stipulation. The court misread the stipulation and misapplied the law." Because the plain language of the stipulation provided for judgment against Hornbacher to be entered, the Supreme Court reversed and remanded for entry of judgment. View "Discover Bank v. Hornbacher" on Justia Law

Riley Kuntz appealed the district court’s default judgment entered in his favor. Kuntz sued Ashlynn Leiss and Joseph Westbrook for trespass and theft of his cat trap. Neither Leiss nor Westbrook answered the complaint or otherwise appeared. Following an evidentiary hearing, the district court granted default judgment in favor of Kuntz. The court found a trespass and conversion of the cat trap had occurred. The court awarded Kuntz a money judgment for conversion of the cat trap, but found he did not suffer any actual damages as a result of the trespass. Kuntz argues the district court erred by denying his damages for trespass. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Kuntz v. Leiss, et al." on Justia Law

Amber Sather appealed a trial court judgment in hers and Adam Sather's divorce, a judgment that included a parenting plan for the parties’ children. She argued the district court erred by failing to include certain parenting plan provisions in the judgment. The North Dakota Supreme Court found section 14-09-30, N.D.C.C., required all parenting plans, including plans stipulated to and adopted by the court, to contain provisions regarding decision-making responsibility, dispute resolution, transportation and exchanges, and summer parenting time; or an explanation as to why the provisions were not included. The parenting plan here did not include these provisions or explain why they were not included. Thus, the Supreme Court concluded the district court erred by adopting the parties’ parenting plan without either all of the information in N.D.C.C. section 14-09-30(2) being included, or after considering the best interests of the children as required by N.D.C.C. section 14-09- 30(1), providing its own findings regarding the same. Judgment was reversed and the matter remanded for further proceedings. View "Sather v. Sather" on Justia Law

BNSF Railway Co. (“BNSF”) appealed a jury verdict and money judgment entered in favor of David Rentz. In July 2012, a tractor-trailer driven by Rentz was struck by a train operated by BNSF and train engineer, Reinaldo Guitian, Jr. The collision occurred at a public railroad grade crossing. In December 2015, Rentz sued BNSF and Guitian for personal injuries sustained during the vehicle/train collision. Guitian was subsequently dismissed as a named defendant in the action. Trial was held over eleven days in January 2019. Guitian was designated as BNSF’s party representative under N.D.R.Ev. 615 and was not sequestered from the courtroom. The jury returned a verdict finding Rentz 15% at fault and BNSF 85% at fault. A money judgment was entered in favor of Rentz. BNSF asserted it was denied a fair trial because: (1) BNSF’s designated representative at trial was allowed to be questioned beyond the scope of his knowledge; (2) video and audio clips taken from discovery depositions of BNSF’s designated representatives were improperly played during opening and closing arguments; (3) BNSF’s internal operating procedures were improperly used to modify the standard of care; and (4) opinion testimony of the investigating highway patrol trooper was excluded from evidence. Because the North Dakota Supreme Court concluded the questioning of BNSF’s representative at trial exceeded his personal knowledge and affected a substantial right, judgment was reversed and the matter remanded for a new trial. View "Rentz v. BNSF Railway Co." on Justia Law

David Buller appealed a district court order granting a petition for commitment of a sexually dangerous individual. On January 23, 2020, the State filed a petition for civil commitment of Buller as a sexually dangerous individual. On January 28, 2020, following a preliminary hearing, the district court entered an order of dismissal of the petition after finding the State failed to establish Buller had a condition that was manifested by a sexual disorder, personality disorder, or other mental disorder or dysfunction. On January 30, 2020, sua sponte and without notice to the parties, the court issued an order vacating the prior order dismissing the petition and finding probable cause was established to commit Buller. On February 19, 2020, Buller filed a petition for writ of mandamus to this Court. This Court exercised supervisory jurisdiction and vacated the district court’s January 30, 2020 order after considering the procedural irregularity of the second order issued sua sponte and without notice to the parties. On March 6, 2020, the State filed a new petition and started a new proceeding seeking commitment of Buller as a sexually dangerous individual. Buller requested dismissal of the new petition asserting res judicata precluded a second petition because the January 28, 2020 order dismissing the petition following the preliminary hearing was not vacated in the first proceeding. After completion of an evaluation in which two doctors reached an opinion Buller met the criteria of a sexually dangerous individual, the district court again issued an order granting the petition seeking commitment. Buller argued the proceedings in this case were bared by res judicata and the order for commitment was not supported by clear and convincing evidence. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Interest of Buller" on Justia Law

Spencer Curtiss appealed the dismissal of his declaratory judgment action seeking relief from a criminal judgment and the district court’s subsequent order denying his motion for reconsideration. In 2011, Curtiss was convicted and sentenced to 25 years of imprisonment with all but 15 years suspended for Gross Sexual Imposition (GSI) with a minor. Curtiss has previously initiated a direct appeal of his conviction in the criminal case, filed two petitions for post-conviction relief under the Uniform Postconviction Procedure Act, moved for relief under N.D.R.Civ.P. 60, and moved to amend his probation. In February 2020, Curtiss filed a complaint in district court seeking a declaratory judgment, a vacation of the sex offender registration requirements of his sentence, and a removal of his probation period. Curtiss asserted a variety of claims challenging the underlying GSI conviction. The court dismissed the action under N.D.R.Civ.P. 12(b)(6) after finding the current action to be an impermissible collateral attack on the criminal judgment. Curtiss subsequently filed a motion for reconsideration of the dismissal of his action. The court denied the motion. On appeal, Curtiss argued the district court erred in dismissing his action and denying his motion to reconsider. Finding no reversible error, the North Dakota Supreme Court affirmed dismissal. View "Curtiss v. North Dakota" on Justia Law

This action concerned child support for the parties’ child, J.T.G. A Nevada court granted Vickie Lenard (aka Gooss) primary residential responsibility for J.T.G. The court awarded Jeffrey Gooss parenting time and required him to pay child support at $350.00 per month, which included $50.00 in child support arrears. In the event Lenard relocated from Nevada to Colorado, Gooss’s child support obligation would be waived, and he would only bear travel expenses for himself and J.T.G. However, Lenard never relocated to Colorado, but she did relocate on multiple occasions to several other states with J.T.G. North Dakota requested a modification of child support when Lenard moved to North Dakota in 2019. Gooss challenged the district court’s jurisdiction to modify the child support originally ordered by the Nevada court. Gooss argued travel expenses were part of the parenting plan, and North Dakota lacked jurisdiction to modify the child custody arrangement issued by another state under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). Gooss also challenged the calculation of child support, argued imposing child support was inequitable, and claimed a deviation for travel expenses was necessary. The district court held a hearing on the motions where it heard testimony and considered evidence and ultimately modified the child support obligation. Finding the North Dakota trial court had jurisdiction to modify the obligation, and no other reversible error, the North Dakota Supreme Court affirmed the modification. View "Gooss v. Gooss, et al." on Justia Law

Cody Muscha appealed a domestic violence protection order, arguing he was provided with the wrong date for the hearing, therefore, he was deprived of his due process right to be heard. In affirming the district court's order, the North Dakota Supreme Court found that contrary to Muscha’s argument, the requirements of procedural due process were satisfied. Notice was provided to Muscha on January 8, 2020, well in advance of the January 16 hearing. The notice was reasonably calculated to inform him of a proceeding which had the potential to adversely affect his legal interests. Muscha’s failure to recognize the discrepancy between what he was allegedly told by the deputy and what the hearing notice stated, and his failure to appear at the hearing, could not be imputed to the district court, even assuming Muscha was provided with an incorrect date. Therefore, the district court did not err by issuing the permanent domestic violence protection order. View "Krolik v. Muscha" on Justia Law

Robert V. Bolinske, Sr., appealed an order denying his motion to vacate a default judgment. Discover Bank (“Discover”) sued Bolinske for unpaid debt in the amount of $3,915.53 on a credit card Discover issued to Bolinske. Notice of entry of judgment was served on Bolinske on December 23, 2019. Bolinske moved to vacate judgment on January 10, 2020. Bolinske claimed he attempted to respond to Discover’s summons and complaint by mail on December 6, 2019, but accidentally misaddressed the envelope to Discover’s counsel and sent his answer and counterclaims to an incorrect address. Bolinske argued after his answer and counterclaims were returned as undelivered, he mailed them to the proper address on December 16, 2019. Bolinske argued that same day, he placed a call to Discover’s counsel and left a voicemail stating that he was making an appearance to avoid a default judgment and explaining he had sent his answer and counterclaim to the wrong address. Discover’s counsel asserted she did not receive Bolinske’s voicemail until after e-filing the motion for default judgment, but acknowledged the voicemail was received on December 16. Bolinske argued in his brief supporting his motion to vacate that his voicemail left with Discover’s counsel constituted an appearance entitling him to notice before entry of default. Bolinske also argued that he was entitled to relief from judgment due to his mistake, inadvertence, and excusable neglect. The district court denied Bolinske’s motion on January 31, 2020 without holding a hearing, stating Bolinske had not demonstrated sufficient justification to set the judgment aside. Fining no reversible error in the district court judgment, the North Dakota Supreme Court affirmed. View "Discover Bank v. Bolinske, Sr." on Justia Law

Workforce Safety and Insurance (“WSI”) appealed a district court judgment affirming an administrative law judge’s (“ALJ”) order that affirmed WSI’s April 2018 order awarding permanent impairment benefits to Jason Tolman and that reversed WSI’s July 2018 order denying benefits for his depression and anxiety conditions. In September 2014, Tolman was injured when he was driving a tanker truck and involved in a single vehicle roll-over accident. WSI accepted his claim for benefits. In April 2018, WSI issued an order awarding Tolman $4,905 in permanent impairment benefits based on a determination that he had sustained a 16 percent impairment of the whole body. In July 2018, WSI issued an order denying benefits in connection with his depression and anxiety, deciding these conditions were not caused by his physical injury and existed before the work injury. Tolman requested an administrative hearing on the orders, and a hearing was held before an independent ALJ in April 2019. The North Dakota Supreme Court concluded the ALJ erred in applying N.D.C.C. 65-01-02(10)(a)(6) and concluding Tolman established his depression and anxiety conditions were compensable. The Court affirmed that part of the ALJ’s order affirming WSI’s April 2018 order; but reversed that part of the ALJ’s order reversing WSI’s July 2018 order, and reinstated WSI’s July 2018 order. View "WSI v. Tolman" on Justia Law