Justia North Dakota Supreme Court Opinion Summaries

Mercy Medical Center d/b/a CHI St. Alexius Health Williston; and David Keene, M.D. (Defendants), appealed an amended judgment awarding Michael and Kimberly Davis $1,660,000 in damages and $204,973.31 in costs and disbursements for medical malpractice relating to Michael’s kidney failure. The North Dakota Supreme Court determined the trial court awarded disbursements not authorized by N.D.C.C. § 28-26-06 and allowed other costs without explanation. The Court reversed the Davises’ award of disbursements and costs and remanded for further proceedings. View "Davis, et al. v. Mercy Medical Center, et al." on Justia Law

Robert Goff appealed an order denying his request for costs and attorney’s fees relating to the Department of Transportation’s suspension of Goff’s driving privileges. In December 2021, Fargo police officers arrested Goff in an apartment parking lot for being in actual physical control of a vehicle while under the influence of intoxicating liquor. A driveway used to access the parking lot included a sign reading “private property, private drive.” Goff requested an administrative hearing, arguing an ordinance, Fargo Municipal Code § 8-1011, limited the public’s right to access property marked as private without written permission from the owner. The owner of the property, John Goff, testified the parking lot was for tenant parking only. John Goff testified that deliverers and visitors are prohibited from going past the sign to access the parking lot. The hearing officer concluded the ordinance prohibited the public from parking in the private parking lot, but did not limit the public’s right to access the lot. The hearing officer found the public had a right of access to the private lot for vehicular use. The Department suspended Goff’s driving privileges for 91 days, and the district court affirmed. The North Dakota Supreme Court reversed, concluding the hearing officer misinterpreted the ordinance. The case was then remanded for a determination of whether the Department acted without substantial justification requiring an award of costs and attorney’s fees to Goff under N.D.C.C. § 28-32-50(1). On remand, Goff argued he was entitled to costs and attorney’s fees because the Department’s action against him was not substantially justified. Goff claimed a reasonable person would not believe the public had a right to access the private parking lot in light of signage on the property and Fargo Municipal Code § 8-1011. The district court decided the Department acted with substantial justification, and denied Goff ’s request for costs and attorney’s fees. To this, the Supreme Court disagreed, finding the district court abused its discretion in deciding the Department’s proceeding against Goff was substantially justified. The case was remanded for a determination of Goff's reasonable attorney's fees. View "Goff v. NDDOT" on Justia Law

Tyler Vetter appealed a fifth amended judgment entered after the district court denied his motion to hold Amy Salter in contempt and, on its own motion, invoked N.D.R.Civ.P. 60(a) to modify a fourth amended judgment. The district court entered a judgment requiring Vetter to pay Salter child support. The judgment was amended various times (for reasons not relevant to this appeal). In a separate action, the court ordered primary residential responsibility changed from Salter to Vetter. The court subsequently entered a fourth amended judgment requiring Salter to reimburse Vetter child support amounts he paid. Two days after the court entered its order to amend the judgment, the North Dakota Supreme Court issued its opinion in Hamburger v. Hamburger, 978 N.W.2d 709, which explained a vested child support obligation could not be retroactively modified. Neither party appealed the fourth amended judgment. Vetter moved for an order to hold Salter in contempt for not paying him the $2,930. In consideration of Hamburger, the court, citing N.D.R.Civ.P. 60(a), ordered the fourth amended judgment “be modified to reinstate the child support obligation of Tyler Vetter” for the earlier period and to “strik[e] the obligation of Amy Salter to make reimbursement.” A fifth amended judgment was entered accordingly. The Supreme Court reversed in part: even if the trial court was correct that its original decision was based upon a mistaken view of the law, Rule 60(a) did not authorize the court’s modification. Therefore, the Court concluded the trial court abused its discretion by misapplying the law when it invoked Rule 60(a) to relieve Salter of her obligations under the fourth amended judgment. View "North Dakota, et al. v. Vetter" on Justia Law

Savanna Perales appealed a district court order requiring her to return her children to North Dakota. Perales and Erik Gonzalez were divorced by a Texas divorce decree. After the divorce, both parties lived in North Dakota. Perales then relocated with the children to Georgia. The district court, in an ex parte emergency order, ordered Perales to return the children to North Dakota. Later, the court held a hearing and issued the order from which Perales appealed. The North Dakota Supreme Court concluded this order was not appealable and dismissed the appeal. View "Gonzalez v. Perales" on Justia Law

Michael Bullinger appealed a district court judgment dismissing his declaratory judgment action seeking a determination of whether Sundog Interactive, Inc. (“Sundog”) violated N.D.C.C. § 10-19.1-88 and whether the individual defendants, Brent Teiken, Eric Dukart, Jonathan Rademacher, and Matthew Gustafson breached their fiduciary duties. Bullinger argued the court erred in failing to make adequate findings, erred in its application of N.D.C.C. § 10-19.1-88(10), erred in finding Bullinger has been paid the fair value of his ownership in Sundog, erred in finding Bullinger was not entitled to damages as a result of the individual defendants’ breach of their fiduciary duties, and erred in denying Bullinger costs and attorney’s fees. After review, the North Dakota Supreme Court concluded the trial court’s findings were inadequate to permit appellate review, therefore judgment was reversed and the case remanded for further proceedings. View "Bullinger v. Sundog Interactive, et al." on Justia Law

Fritz Opp appealed the dismissal of his case for want of jurisdiction. Opp attempted to appeal a Bureau of Criminal Investigation (“BCI”) decision denying his application for a concealed weapons license under N.D.C.C. ch. 62.1-04. The court held it lacked subject matter jurisdiction because Opp had not complied with the requirements for perfecting an appeal under the Administrative Agencies Practice Act, N.D.C.C. ch. 28-32 (“AAPA”). The North Dakota Supreme Court affirmed dismissal of the action for want of jurisdiction, but modified the judgment to dismiss without prejudice. View "Opp v. Office of the North Dakota Attorney General - BCI CWL Unit, et al." on Justia Law

Lance Hagen filed a public records request related to a condemnation case he was a party to involving the City of Lincoln and North Dakota Insurance Reserve Fund (“NDIRF”). Hagen sought to determine how the City of Lincoln and NDIRF spent approximately $1.1 million dollars on litigation costs defending the action. NDIRF did not produce all requested records, and the parties sought relief from the district court. Hagen appealed the district court’s judgment that concluded certain documents belonging to NDIRF were exempt from release under the potential liability exception outlined in N.D.C.C. § 44-04-19.1(8). Hagen argued the court abused its discretion by finding NDIRF itself faced potential liability because its members could face potential liability, and because the court discussed the fiscal effect of a disclosure on NDIRF, which Hagen argued exceeded the scope of the North Dakota Supreme Court’s remand order in Hagen v. North Dakota Insurance Reserve Fund, 971 N.W.2d 833. Because the Supreme Court concluded the potential liability exception under N.D.C.C. § 44-04-19.1(8) did not apply to any of the documents determined by the district court to be exempt, the Court reversed. View "Hagen v. N.D. Insurance Reserve Fund" on Justia Law

Cameron and Danielle Mickelson appealed a district court order granting summary judgment to the City of Rolla and the subsequently entered judgment. Their attorney, Rachael Mickelson Hendrickson, requested records from the City under the state’s open records statute, N.D.C.C. § 44-04-18. The City argued that the district court properly granted summary judgment because, among other things, the Mickelsons failed to give the City notice under N.D.C.C. § 44-04-21.2(3). Finding no reversible error in that judgment, the North Dakota Supreme Court affirmed. View "Mickelson, et al. v. City of Rolla" on Justia Law

William Borlay appealed his eviction from an apartment for debts accrued under two leases, and an order for him to pay damages to Hegenes Apartment Management. In December 2021, Hegenes and Borlay executed a six-month lease for an apartment in Fargo. The lease term was from January 1 to June 30, 2022. Borlay owed $730 in rent each month under the lease. Due to a software error, Hegenes charged Borlay $670 instead of $730 during the first five months of the lease. Hegenes became aware of the error in May 2022 and notified Borlay of the error. Hegenes’ tenant ledger showed Borlay failed to pay $300 in rent from January 2022 through May 2022. In June 2022, Hegenes and Borlay executed another six-month lease, again for $730 in rent each month, plus $40 each month for garage rent. If Borlay failed to pay rent by the third day of each month, the lease authorized Hegenes to charge a $50 late fee. On September 9, 2022, Hegenes posted a three-day notice on Borlay’s apartment door. On September 30, 2022, Hegenes sued Borlay to evict him from the apartment, alleging he owed $1,220.50 in unpaid rent and late fees. After hearings on October 14 and October 21, 2022, the district court found Borlay failed to pay $1,220.50 in rent and late fees under both leases. After review of the tenant ledger and payments made subsequent to the notice of eviction, the North Dakota Supreme Court concluded the district court erred in concluding Hegenes was entitled to a judgment of eviction on the basis of a failure to pay rent under the expired January lease. The Court reversed the judgment and remanded for a determination of whether Hegenes was entitled to evict Borlay for his late payment of rent in September 2022 and, if so, for consideration of an award of attorney’s fees limited to that proceeding. View "Hegenes Apartment Management v. Borlay, et al." on Justia Law

Michael Ewing, in his capacity as personal representative, appealed a district court’s judgment, amended judgment, and order on motion to show cause. Ewing was the personal representative of the estate of Chiyoko Ewing, his mother. Chiyoko died in 1989 leaving a will devising all of her property in equal shares to her four children: Ewing, Jeffery Ewing, Sherry Ewing, and Nancy Burkhart. At the time of her death, Chiyoko owned a home in Grand Forks as well as various items of personal property located within the home. Following her death, Jeffery lived in and maintained the home, paid the real estate taxes and the mortgage, and made substantial improvements to the home. Jeffery died in 2019. Ewing filed an “Inventory and Appraisement” identifying the property owned by Chiyoko at the time of her death. An evidentiary hearing was held to determine ownership of the property. The court found the siblings agreed they did not want to sell the home to a stranger. The issues of whether oral agreements between Jeffery and the siblings were contested. In March 2021, the district court entered a judgment, finding Jeffrey's estate owned the home. Ewing appealed. The North Dakota Supreme Court dismissed the appeal concluding the administration of the estate was not complete because the personal property was not addressed. In January 2022, another evidentiary hearing was held to address ownership of the items of personal property identified on the inventory list. While it was disputed at the evidentiary hearings, the district court found the siblings already divided the personal property amongst themselves by agreement. The district court entered an amended judgment finding all items of personal property, with two exceptions not at issue here, were assets of Jeffery's estate, and ordered Ewing to return those items to the estate. Jeffrey's estate moved to hold Ewing in contempt for failing to return the ordered items to the estate. This motion was granted, and Ewing appealed, arguing the court erred in finding an oral contract between the parties, mutual assent on all terms of the contract, and partial performance of an oral agreement sufficient to remove it from the statute of frauds. Ewing also argued the district court’s findings of fact regarding ownership of personal property, whether the real property was maintained, responsibility for administration costs, and the award and offset of damages were clearly erroneous. Finding no reversible errors, the North Dakota Supreme Court affirmed. View "Estate of Ewing" on Justia Law