Justia North Dakota Supreme Court Opinion Summaries

In this case, the Supreme Court of the State of North Dakota dealt with a dispute between divorced parents, Nickolette Keller and Michael Keller, over tax exemptions for their children. The divorce judgement had allocated the right to claim the oldest child to Michael Keller and the younger child to Nickolette Keller. In 2023, Michael Keller attempted to claim his eldest child on his taxes, but received a letter from the child, facilitated by Nickolette Keller, stating the child would be filing his own taxes. Consequently, Michael Keller filed a motion for contempt against Nickolette Keller.The district court found Nickolette Keller in contempt for willful and inexcusable intent to violate the court order and awarded Michael Keller attorney’s fees up to when Nickolette Keller provided the necessary tax form. The Supreme Court of the State of North Dakota affirmed the district court's decision, holding that Nickolette Keller's refusal to comply with the divorce judgement and her facilitation of the child's letter constituted contempt.Michael Keller cross-appealed, arguing the district court erred in not awarding him the full amount of attorney’s fees. The Supreme Court denied his claim, holding that the district court did not abuse its discretion in not awarding Michael Keller attorney’s fees incurred after Nickolette Keller provided him the IRS form. Michael Keller also unsuccessfully requested attorney’s fees on appeal, which the Supreme Court denied due to inadequate briefing and argument. View "Keller v. Keller" on Justia Law

In this case from the Supreme Court of North Dakota, Ryan Kratz, who had entered into a purchase agreement to buy a business and building from Donald and Carol McIlravy, failed to make the agreed-upon payments. The McIlravys initiated two eviction actions, and a separate action seeking damages, cancellation of the contract, and release of funds held in a trust account. The district court initially dismissed one of the eviction actions, but eventually ruled in favor of the McIlravys, awarding them damages and ordering release of the trust funds. Several years later, Kratz filed a motion under Rule 60(b), alleging the district court lacked subject matter jurisdiction over the eviction actions and seeking to vacate or void all findings, conclusions, and orders, except the dismissals of the eviction actions. The district court denied this motion and awarded attorney’s fees to the McIlravys.On appeal, the Supreme Court of North Dakota held that Kratz's appeal was limited to the judgment denying his Rule 60(b) motion and that the motion was timely. The court determined that the district court had jurisdiction over the eviction cases and that any violation of N.D.R.Ct. 7.1(b)(1) was harmless error. The court also held that the district court did not abuse its discretion in awarding attorney’s fees. Consequently, the court affirmed the decision of the lower court. View "Don's Garden Center v. The Garden District" on Justia Law

In the State of North Dakota, Dale Kringlie suffered a work-related injury to his right shoulder and wrist while using a concrete drill in April 2019. Workforce Safety and Insurance (WSI) accepted the claim and paid the associated medical expenses and disability benefits. WSI later issued a vocational rehabilitation plan for Kringlie, which he contested, asserting his inability to perform any of the jobs due to a neuropsychological condition. Kringlie sought the opinion of Dr. Swenson, who supported his claim. An Administrative Law Judge (ALJ) reversed WSI’s decision, basing his judgment heavily on Dr. Swenson's opinion. WSI appealed this decision to the district court, arguing that the ALJ erred by considering Kringlie’s functional limitations at the time of the vocational rehabilitation report issuance. The district court reversed the ALJ's decision, stating that WSI was only required to consider Kringlie's functional limitations at the time of his work-related injury. The Supreme Court of North Dakota affirmed the district court's decision, agreeing that the ALJ misapplied the law. The court held that the ALJ erred in considering Kringlie’s functional limitations at the time WSI issued the vocational rehabilitation report, rather than at the time of the work-related injury. Furthermore, the court ruled that the ALJ wrongfully relied on Dr. Swenson's opinion, which was not permitted under N.D.C.C. § 65-05-08.1. View "Workforce Safety and Insurance v. Kringlie" on Justia Law

In this case from the Supreme Court of North Dakota, Derrick Sherwood appealed a district court order denying his motion to vacate a domestic violence protection order (DVPO) under N.D.R.Civ.P. 60. The court held a hearing and entered a DVPO restraining Derrick Sherwood from having contact with Valerie Sherwood, his ex-wife, and their two minor children. The order also required Derrick Sherwood to surrender his firearms to law enforcement. Later, the court amended the DVPO to remove the restriction on Derrick Sherwood’s possession of firearms. Derrick Sherwood later moved to vacate the DVPO altogether.The Supreme Court of North Dakota held that the district court did not abuse its discretion in denying Derrick Sherwood’s request to treat Valerie Sherwood as a hostile witness or in denying Derrick Sherwood’s motion to vacate the DVPO. The court also held that the district court did not err in awarding Valerie Sherwood attorney’s fees.Furthermore, the court held that Derrick Sherwood did not have standing to challenge the constitutionality of N.D.C.C. § 14-07.1-02(4)(g), which allows a DVPO to require, under certain circumstances, that the respondent surrender any firearm or other specified dangerous weapon. As the DVPO was amended to allow Derrick Sherwood to possess firearms, he did not have a justiciable controversy regarding the constitutionality of this statute.The court affirmed the district court's decision. View "Sherwood v. Sherwood" on Justia Law

In this case, GayLe Schleve, the personal representative of the estates of Viola J. Heath and Caleb C. Heath, appealed orders from the District Court of Dunn County, North Dakota, that granted Wells Fargo Bank's motions to vacate previous orders establishing the authority of domiciliary foreign personal representatives and letters testamentary related to the estate of Viola J. Heath, and determining heirs and successors in the estate of Caleb C. Heath.Viola and Caleb Heath were residents of Montana who owned mineral rights in Dunn County, North Dakota. After their deaths, litigation ensued over the distribution of these mineral rights. The orders being challenged in this appeal had resulted in the mineral rights being transferred to the heirs of Viola Heath.Wells Fargo, as successor to Norwest Capital Management & Trust Co., the trustee appointed in Caleb Heath's will, claimed an ownership interest in the mineral rights and challenged the transfer of those rights to the heirs of Viola Heath. Wells Fargo argued that the district court had lacked jurisdiction to issue the orders, and that the orders should be vacated because they were manifestly unjust and based on incorrect applications of the law.The Supreme Court of North Dakota held that Wells Fargo had standing to challenge the orders. The court also held that the district court had erred in ruling that it lacked subject matter jurisdiction to issue the order in the Estate of Viola J. Heath. However, the Supreme Court remanded for further determination of whether the district court had personal jurisdiction over the parties in the Estate of Viola J. Heath, and whether relief should be granted under Rule 60(b)(4) or Rule 60(b)(6).Finally, the Supreme Court held that the district court had abused its discretion in granting Wells Fargo's Rule 60(b)(6) motion to vacate the order in the Estate of Caleb C. Heath without sufficient findings related to timeliness. The Supreme Court therefore affirmed in part, reversed in part, and remanded the case for further proceedings. View "In re Estate of Heath" on Justia Law

In a legal malpractice case in North Dakota, a couple, Kenneth and Carol Pinks, sued attorney Alexander Kelsch and his professional corporation, along with associated partners, alleging negligence in representing them in a quiet title action against the State of North Dakota. The District Court, South Central Judicial District, bifurcated the malpractice action to first determine the element of causation, specifically whether the Pinks would have achieved a more favorable outcome in the quiet title action but for the alleged negligence of the defendants. The court denied cross-motions for summary judgment, finding there were genuine issues of material fact.Following a bench trial on the causation element, the district court concluded that had the evidence of the Pinks’ ownership of the disputed land been presented in the quiet title action, they would have established their ownership claim was prior and superior to the State’s claim of title. The court concluded the Pinks proved the element of causation and ordered a jury trial be set on the remaining issues of the legal malpractice claim. The defendants appealed this decision.The Supreme Court of North Dakota, however, dismissed the appeal, ruling that the defendants were attempting to appeal from an interlocutory order, and the defendants did not seek certification under Rule 54(b) of the North Dakota Rules of Civil Procedure. The rule requires that, in cases with more than one claim or multiple parties, a final judgment on one or more, but fewer than all, claims or parties can only be directed if the court expressly determines there is no just reason for delay. The court found that the district court only ruled on the causation element of the legal malpractice claim, and other elements, such as the existence of an attorney-client relationship, a duty by the attorney to the client, a breach of that duty by the attorney, and damages were still left to be adjudicated. The defendants' failure to comply with Rule 54(b) led to the dismissal of the appeal. The court also denied the Pinks' request for costs and attorney’s fees, determining that the defendants' appeal was not frivolously made. View "Pinks v. Kelsch" on Justia Law

In North Dakota, Friends of the Rail Bridge (FORB), Downtown Business Association of Bismarck (DBAB), and CD Holdings, LLC appealed from a judgment dismissing their administrative appeal due to lack of subject matter jurisdiction. The case arose when BNSF Railway Company applied for permits to construct a new rail bridge and remove the existing rail bridge across the Missouri River. FORB and DBAB requested the Department of Water Resources (DWR) to conduct a public hearing or meeting regarding the permits. After the permits were issued, FORB, DBAB, and CD Holdings appealed to the district court. The court dismissed the appeal, concluding they did not request a hearing under N.D.C.C. § 61-03-22, therefore it lacked subject matter jurisdiction.The Supreme Court of North Dakota, in an opinion written by Justice McEvers, affirmed the lower court's decision. The Supreme Court held that the appellants failed to perfect their appeal and the district court did not have subject matter jurisdiction over the appeal because the appellants did not request a hearing within 30 days after DWR’s issuance of the permits. Therefore, no hearing was held, nor was a hearing request denied by DWR. The court further clarified that the public meetings held were not hearings under N.D.C.C. § 61-03-22 and should not be confused with adjudicative proceedings. View "Friends of the Rail Bridge v. Dep't of Water Resources" on Justia Law

In this case, the Supreme Court of North Dakota considered an appeal and cross-appeal related to a dispute over three contracts for deed between LAWC Holdings, LLC, and Vincent Watford, L.L.C. The court affirmed the lower court's findings that Vincent had breached the contract for deed on one of the parcels of land, and that specific performance was an appropriate remedy. The court also affirmed the lower court's decision that LAWC was the prevailing party and was thus entitled to attorney’s fees. However, the court denied LAWC's claim for damages as LAWC was not entitled to both performance of the contract through specific performance and damages for Vincent's breach of contract. The court also concluded that LAWC was entitled to an award of attorney’s fees on appeal. The case was remanded to the lower court to determine a reasonable amount of attorney’s fees on appeal. The court did not address LAWC's cross-appeal regarding title to the other two parcels as it was determined that LAWC had waived this cross-appeal. View "LAWC Holdings, LLC v. Vincent Watford, L.L.C." on Justia Law

The North Dakota Supreme Court affirmed a lower court decision finding Erica Good Bear guilty of terrorizing, a class C felony. Good Bear appealed the judgment, arguing that there was insufficient evidence to warrant a conviction, improper admission of hearsay evidence, and denial of her right to confront a witness. The alleged hearsay evidence was two statements made by the victim's four-year-old child, both of which were recounted by other witnesses. The first statement was recounted by the victim, and the second was recounted by the responding police officer. The court concluded that both statements fell under the "excited utterance" exception to the hearsay rule, making them admissible. The court also found that the second statement did not violate Good Bear's right to confront her accuser, as it was not considered "testimonial" under the Sixth Amendment. The court determined that sufficient evidence supported the jury's verdict of guilty on the terrorizing charge. View "State v. Good Bear" on Justia Law

In this divorce case between Stacey Jean Dimmler and Dustin Scott Dimmler, the Supreme Court of North Dakota reviewed several issues. The couple had two children and disputed matters of property division, child support, and primary residential responsibility. Both parties appealed the decision of the District Court. Dustin argued that the court erred in valuing and distributing the marital estate, in determining primary residential responsibility, in calculating child support, and by refusing to remove a parenting investigator. Stacey cross-appealed, arguing that the court erred by not making child support retroactive to the date of the interim order, not awarding her attorney’s fees, and not ordering Dustin to repay her the cost of her parental capacity evaluation.The supreme court affirmed in part, reversed in part, and remanded. It affirmed the district court's valuation of the Florida property and the parties’ personal property, its decision on primary residential responsibility, its calculation of Dustin's child support payments, its refusal to retroactively award child support to Stacey, and its denial of attorney’s fees or reimbursement of Stacey's fees for a parental capacity evaluation. However, the court found error in the district court's calculation of the farmland's value. The supreme court held that the district court should have included the debt from the life estate in calculating the value of Dustin's remainder interest in the farmland. It remanded the case for further proceedings to properly evaluate the farmland’s value and to equitably divide the marital estate. View "Dimmler v. Dimmler" on Justia Law