Justia North Dakota Supreme Court Opinion Summaries

A default judgment was entered against Sara Livengood in December 2008. In 2012, Mid Dakota Clinic's counsel filed a "Full Satisfaction of Judgment" with the district court. However, this filing contained errors; the document had Mid Dakota Clinic and Livengood's case number but different parties listed as plaintiff and defendant. The clerk of the district court apparently accepted the document without cross-checking the names of the parties with the case file number and it became part of the record in this case. According to Mid Dakota Clinic, the satisfaction was supposed to be filed in the listed plaintiff/defendant case, not the numbered case and Livengood has yet to satisfy Mid Dakota Clinic's judgment against her. Mid Dakota Clinic appealed a district court's order denying its motion to vacate a satisfaction of judgment. The Supreme Court concluded the district court abused its discretion in failing to vacate the erroneously filed satisfaction of judgment, and as such, reversed. View "Mid Dakota Clinic v. Livengood" on Justia Law

Dori Lentz appealed an order and judgment denying her request to modify the distribution decrees of the Estate of Charlotte C. Nohle and ordering her to pay the estate's attorney's fees. After review, the Supreme Court affirmed, concluding the district court did not abuse its discretion by denying the requested modification or by awarding attorney's fees. View "Estate of Nohle" on Justia Law

Jessica Klein appealed the district court's temporary order for custody after it denied her motion to transfer jurisdiction to Iowa. Klein argued the district court lacked subject matter jurisdiction and North Dakota was an inconvenient forum to hear the case. The North Dakota Supreme Court affirmed, concluding North Dakota properly retained exclusive, continuing jurisdiction over the matter and did not abuse its discretion in finding North Dakota to be a convenient forum. View "North Dakota v. Winegar" on Justia Law

Robert Carroll appealed an order denying his motion to set aside or vacate the judgment and from an order denying his motion for a new trial, after the court entered a divorce judgment awarding Anna Carroll monthly child support of $1,387. After review, the Supreme Court concluded the district court did not err in denying a continuance of the trial or in allowing the State be named a real party in interest. The Court concluded, however, the district court abused its discretion in denying his motions when it made insufficient findings to support its award of child support. Therefore, the Court reversed and remanded for further proceedings. View "Carroll v. Carroll" on Justia Law

Trinity Health provided Charles Tuttle with $127,001.07 in medical services. Tuttle applied for financial assistance with Trinity, but was denied. Tuttle failed to pay the medical bill after Trinity demanded payment. Trinity subsequently assigned the debt to A.R. Audit Services. A.R. Audit sued Tuttle to collect the medical debt. Tuttle counterclaimed, alleging A.R. Audit failed to provide him thirty days to respond to the debt collection demand. A.R. Audit moved for summary judgment, arguing Tuttle was responsible for the entire debt because he failed to provide to Trinity information necessary to complete the application for financial assistance. Tuttle responded with a motion to dismiss, arguing Trinity should have sued him to collect the debt instead of A.R. Audit. He also claimed Trinity representatives told him he qualified for financial assistance with Trinity and would not owe any money to Trinity. The district court denied Tuttle's motion to dismiss, dismissed his counterclaims, and granted A.R. Audit's summary judgment motion, concluding Tuttle failed to show he was not responsible for the debt. Tuttle appealed. After review, the Supreme Court modified the judgment to reimburse Tuttle for paying A.R. Audit's $80 filing fee, and affirmed the judgment as modified. View "A. R. Audit Services, Inc. v. Tuttle" on Justia Law

Spencer Curtiss appealed the district court's Third Amended Judgment modifying his parenting time and its order denying his motion to reconsider. The Supreme Court remanded to the district court for further findings and retained jurisdiction under N.D.R.App.P. 35(a)(3). The Court concluded on remand the district court made adequate findings to support its decision to suspend visitation of D.C., but that the findings suspending P.C.'s visits to the penitentiary were inadequate and are not supported by the record.The Court affirmed in part, reversed in part and remanded again for further proceedings. “On remand, the district court must address how supervised visitations by P.C. will be facilitated, and determine which party shall be responsible for any costs associated with supervised visitation by a third party.” View "Curtiss v. Curtiss" on Justia Law

Dunn County appealed a judgment declaring the Industrial Commission had exclusive jurisdiction to determine the location of oil and gas waste treating plants. The Supreme Court affirmed, concluding the County lacked the power to veto the Commission's approval of the location for an oil and gas waste treating plant. View "Environmental Driven Solutions v. Dunn County" on Justia Law

Eagle Rigid Spans, Inc., ("ERS") appealed an order denying its motion for new trial and an amended judgment entered after a jury found in favor of Brandon and Constance Jalbert and awarding them $650,000 plus interest, and costs and disbursements. ERS also appealed from the district court's order overruling its objections to costs and disbursements. ERS contracted to build a multi-purpose building for the Jalberts. During and after the construction of the building the Jalberts discovered problems with the structure. The Jalberts brought suit alleging breach of contract and breach of warranty. ERS argued irregularities in the proceeding of the jury trial prevented them from having a fair trial, the jury awarded excessive damages because of the influence of passion or prejudice, sufficient evidence did not exist to justify the verdict and the trial court erred in failing to reduce the Jalbert's expert witness fees. Finding no reversible error, the Supreme Court affirmed. View "Jalbert v. Eagle Rigid Spans, Inc." on Justia Law

Katherine Larson appealed a district court disorderly conduct restraining order issued against her. Larson and James Mitzel were in a romantic relationship from June 2015 to January 2016. After the relationship ended, Larson obtained an order for protection in Minnesota, alleging Mitzel had physically and sexually assaulted her in January 2016. In February 2016 Mitzel petitioned the district court for a disorderly conduct restraining order against Larson, alleging she had harassed him and his wife through email, text messages, and social media. arson argues the district court did not have personal jurisdiction over her because a sheriff did not personally serve her the temporary restraining order. After review, the Supreme Court concluded the trial court abused its discretion in issuing the order, after finding that Mitzel failed as a matter of law to allege the specific facts or threats necessary to support his petition for a disorderly conduct restraining order. View "Mitzel v. Larson" on Justia Law

These cases related to the estate and trust of Steven Harris. Bruce Harris appealed a district court's order denying his N.D.R.Civ.P. 60(b) motion to vacate a judgment entered consistent with stipulations he entered into with the trustee and personal representative of Steven Harris's trust and estate. Bruce argued the district court abused its discretion by not vacating the judgment for lack of mutual assent, misrepresentation, and fraud. He also argued the district court failed to apply a rebuttable presumption of undue influence when a trustee engages in a transaction with a trust beneficiary under N.D.C.C. section 59-18-01.1. After review, the Supreme Court concluded the district court did not abuse its discretion by denying Bruce Harris's motion to vacate, and affirmed the district court's order. View "Estate of Harris" on Justia Law