Justia North Dakota Supreme Court Opinion Summaries

Paul Ehlen appealed a judgment that dismissed his action against John and LynnDee Melvin to enforce a purchase agreement, a judgment for costs, and an amended judgment. The matter stemmed from a property transaction between the parties from early 2011. Upon review of the matter, the Supreme Court affirmed, concluding the district court's finding the parties did not mutually consent to the purchase agreement was not clearly erroneous. View "Ehlen v. Melvin" on Justia Law

Defendant Jessica Burkhardt appealed a district court judgment that awarded damages to Plaintiff Jon Kohanowski for the unpaid balance of a loan and ordered Defendant to pay costs and attorney fees. Defendant was engaged to marry Shaun Kohanowski, Plaintiff's brother. In 2006, Shaun and Defendant were planning to purchase a home. Shaun Kohanowski contacted Jon Kohanowski, who agreed to lend the couple money to help buy the home. Jon Kohanowski alleged that Defendant was in the room and overheard Shaun's side of the telephone conversation during which the brothers discussed the loan. Plaintiff contended the terms of the loan required Defendant and Shaun to repay the loan. Plaintiff wired $675 to Shaun and Defendant's bank to start the appraisal process and sent a check for $9,325 payable to Shaun and Defendant. Only Shaun endorsed the check, and he deposited the proceeds into a joint checking account he shared with Defendant. In early 2007, Defendant signed two checks for $215 each drawn on the joint account and payable to Plaintiff. Defendant and Shaun subsequently called off their engagement, and no further payments were made on the loan. In September 2010, Shaun e-mailed a "Letter of Intent" to Plaintiff acknowledging the debt, promising to pay one-half of the remaining debt with interest, and promising to assist Plaintiff in collecting the remaining one-half of the debt from Defendant. In October 2010, Plaintiff sued Defendant in small claims court for one-half of the remaining debt and a portion of the travel costs he had allegedly incurred attempting to collect the debt. Defendant removed the action to district court and demanded a jury trial. After a trial, the jury awarded Plaintiff $6,641.29, one-half of the remaining debt plus interest. Defendant moved for judgment as a matter of law, a new trial, or relief from the judgment. The district court impliedly denied Defendant's motions, instead entering an order awarding Plaintiff costs and attorney fees. Upon appeal, the Supreme Court reversed, concluding the alleged oral loan agreement was barred by the statute of frauds. View "Kohanowski v. Burkhardt" on Justia Law

Strata Corporation and Liberty Mutual Fire Insurance Company appealed a partial summary judgment dismissing Liberty Mutual's subrogation claim against United Crane & Excavation, Inc., after the district court certified the partial summary judgment as final under N.D.R.Civ.P. 54(b). Because this case did not represent the "infrequent harsh case for immediate appeal and subsequent proceedings in the district court may moot the issue raised on appeal," the district court improvidently certified the partial summary judgment as final and the Supreme Court dismissed the appeal. View "City of Mandan v. Strata Corp." on Justia Law

Andrew Thomas appealed the district court's judgment entered after a jury awarded Randall and Shannon Bakke $25,000 plus interest for breach of contract, negligence and fraud. Thomas argued insufficient evidence existed to pierce the corporate veil of D&A Landscaping Company, LLC and hold him personally liable for breach of contract and fraud. Thomas also claimed that the district court committed plain error by failing to properly instruct the jury on the burden of proving fraud and that insufficient evidence existed to support the fraud verdict. Upon review, the Supreme Court affirmed, concluding the corporate veil was not pierced and the jury instruction on the burden of proof for fraud was law of the case. View "Bakke v. D & A Landscaping Co." on Justia Law

Steven and Connie Falkenstein appealed a district court judgment dismissing their claims against Jon W. Dill and Credico, Inc. for violations of the Fair Debt Collection Practices Act ("FDCPA"). The Falkensteins received medical services from Medcenter One but failed to pay the total balance due. The debt was assigned to Credico, Inc. for collection. Dill, an in-house attorney and employee of Credico, Inc., communicated with the Falkensteins regarding the debt. In March 2009, judgment was entered in favor of Credico, Inc. for the amount of the Falkensteins' debt, including interest. Upon review of the trial court record, the Supreme Court found no error with the district court's dismissal and affirmed. View "Falkenstein v. Dill" on Justia Law

Bruce G. Harris appealed a district court judgment awarding Linda A. Smestad $30,025 plus interest on the theory of unjust enrichment. Harris argued the district court erred by: (1) deciding the issue remanded without notifying him or holding a hearing, (2) considering unjust enrichment because Smestad's complaint did not include an unjust enrichment claim and (3) finding Smestad proved unjust enrichment. Upon review,the Supreme Court found no error and affirmed. View "Smestad v. Harris" on Justia Law

Defendants-Appellants Timothy and Elizabeth Lamb appealed a summary judgment cancelling their contract for deed with EVI Columbus, LLC ("EVI") and awarding EVI its costs incurred in cancelling the contract for deed. Upon review, the Supreme Court concluded the trial court did not abuse its discretion by denying the Lambs' motion to amend their answer to include counterclaims against EVI and refusing to construe the Lambs' affirmative defenses as counterclaims; the trial court properly granted EVI's motion for summary judgment awarding a $150 personal judgment against the Lambs to EVI for its costs and disbursements; and the Court denied EVI's request for double costs and attorney's fees related to the appeal. View "EVI Columbus, LLC v. Lamb" on Justia Law

Defendant Helen Cupido appealed a trial court's summary judgment entered in favor of Recovery Resources, LLC. Helen and David Cupido married in January 1993. In March 2010, David Cupido incurred medical expenses at St. Alexius Medical Center. The parties divorced in April 2011. Under the divorce judgment, the trial court ordered David Cupido responsible for payment of the debt owed to St. Alexius Medical Center. The divorce judgment also required Helen and David to indemnify one another from any and all collection activities, which may arise regarding debts awarded to a party. Recovery Resources, LLC, a collection company, sued Helen and David for $9,494.61 owed to St. Alexius Medical Center for medical care provided to David while he and Helen were married and living together. David did not answer Recovery Resources' claim and a default judgment was entered against him. Helen answered denying liability and cross-claimed for indemnity against David. Helen then moved for summary judgment arguing she was entitled to judgment, as a matter of law, because the divorce judgment allocated the debt to David. Recovery Resources resisted and moved for summary judgment arguing it was entitled to judgment, as a matter of law, because Helen was liable for the debt. The trial court granted summary judgment in favor of Recovery Resources. On appeal, Helen contended the trial court erred: (1) by concluding she is jointly and severally liable for the debt David incurred, and (2) by failing to dismiss her from the lawsuit based on the indemnification language in the divorce judgment. Upon review, the Supreme Court concluded that the indemnification language in the divorce judgment between Helen and David Cupido did not affect Recovery Resources' statutory right to recover the debt. Accordingly the trial court did not err in failing to dismiss Helen from the collection action. View "Recovery Resources, LLC v. Cupido" on Justia Law

Plaintiffs, a majority group of limited partners of Magic 2 x 52 Limited Partnership appealed their post-judgment motion to pierce the corporate veil of several corporate Defendants and to recover punitive damages. The Limited Partners' investment in the Magic partnership did not go as planned, and they initiated this lawsuit, seeking to remove Magic Corporation as the general partner of the partnership and requesting monetary damages. The Limited Partners also sought to pierce the corporate veil of the corporate Defendants to hold Kenneth Herslip personally liable for the corporate Defendants' conduct and to recover punitive damages. May 2010 amended judgment awarded Magic Partnership $146,153.99 against Magic Corporation, B K Properties, and Herslip Construction; awarded Magic Partnership $144,263.80, and prejudgment interest of $77,783.88, against Magic Corporation and Herslip Construction; and awarded Magic Partnership costs and disbursements of $46,201.47 against Magic Corporation, B K Properties, and Herslip Construction. None of the parties appealed from the May 2010 judgment. The Limited Partners' subsequent efforts to collect on the judgment were unsuccessful. In June 2010, both Herslip Construction and Magic Corporation filed for bankruptcy under chapter 7. The district court denied the Limited Partners' post-judgment motion, concluding they had not shown an appropriate basis for granting their request to pierce the corporate veil and to recover punitive damages. The court stated its prior opinion after trial had specifically denied the plaintiffs' requests to pierce the corporate veil and to recover punitive damages with a detailed analysis. The court concluded the May 2010 amended judgment was final as to all issues decided by the court after trial and refused to revisit piercing the corporate veil and punitive damages. View "Watts v. Magic 2 x 52 Management, Inc." on Justia Law

Come Big or Stay Home, LLC (CBSH) appealed the grant of summary judgment in favor of EOG Resources, Inc. dismissing its claims for refusing to provide it with oil and gas well information unless CBSH agreed to not disclose the information to third parties without EOG's consent. EOG owned and developed oil and gas interests in North Dakota and has drilled and operated numerous oil and gas wells in the state. CBSH owned mineral or leasehold interests in the state, including interests in spacing units where wells have been drilled and operated by EOG. In late 2008, EOG sent CBSH an invitation to participate in drilling a horizontal oil and gas well in Mountrail County, ending with a joint operating agreement (JOA) for that well. CBSH refused to execute subsequent JOAs for several additional wells. After each refusal by CBSH to execute a JOA, EOG sent letters to CBSH explaining it was willing to provide well information to CBSH if it would agree to the nondisclosure provision contained in the JOA. Upon review of the matter, the Supreme Court affirmed the grant of summary judgment, concluding as a matter of law that CBSH's theories of recovery were not viable under the circumstances. View "Come Big or Stay Home, LLC v. EOG Resources, Inc." on Justia Law