Justia North Dakota Supreme Court Opinion Summaries

Thomas Kaspari appealed an amended judgment entered following a reversal and remand of an award of spousal support. On remand, the district court supplemented its findings and confirmed its prior spousal support award. Kaspari argued on appeal that the court did not adequately explain its decision and its findings are clearly erroneous. Because, after review, the North Dakota Supreme Court was “left with a definite and firm conviction a mistake has been made in awarding spousal support, without adequate explanation, in an amount more than double the recipient’s expenses as found by the court and advanced by the recipient, by including within the recipient’s need expenses paid on behalf of adult children, and by finding the obligor had an ability to pay based upon a 70-80 hour work week,” it reversed and remanded this case for reconsideration of an appropriate amount of spousal support. View "Kaspari v. Kaspari" on Justia Law

Kristen Overboe appealed a divorce judgment, an order striking a declaration, an order denying a motion to amend the findings of fact, and an order striking additional filings and granting a protection order. The North Dakota Supreme Court affirmed the divorce judgment but remanded for the district court to specify in the order for judgment whether either or both of the parties would be permitted to marry, and if so, when. The Court affirmed the court’s order denying Overboe’s motion to amend findings of fact but vacated the April 25, 2022 order granting Jonathan Buchholz’s motion to strike and granting a protection order. The Supreme Court also granted Buchholz’s motion for attorney’s fees and awarded double costs. View "Buchholz v. Overboe" on Justia Law

Attorney DeWayne Johnston, on behalf of the late David Knapp, appealed the dismissal entered after the district court denied a motion to substitute Knapp’s widow as plaintiff under N.D.R.Civ.P. 25. Attorney DeWayne Johnston, on behalf of the late David Knapp, appeals from a dismissal judgment entered after the district court denied a motion to substitute Knapp’s widow as plaintiff under N.D.R.Civ.P. 25. This litigation began after the Minnesota Department of Revenue issued a third-party levy on securities held by Edward Jones for Knapp. Knapp sued the Commissioner of the Minnesota Department of Revenue and Edward Jones in North Dakota seeking dissolution of the levy. Knapp subsequently commenced this lawsuit against Edward Jones requesting dissolution of the levy or a declaration that his securities were exempt from the levy. He also brought a conversion claim and requested damages. The district court ordered the case stayed pending arbitration under terms in Edward Jones account agreements. Knapp died during the stay. Edward Jones served Knapp’s counsel, Attorney Johnston, with a statement noting Knapp’s death. Attorney Johnston filed a motion on Knapp’s behalf requesting Knapp’s widow, Cabrini Knapp, be substituted as plaintiff under N.D.R.Civ.P. 25. The court held a hearing. After the hearing, the court denied the substitution motion and dismissed the case with prejudice. The court noted that ownership of the securities had transferred to Cabrini Knapp and her “rights are not extinguished by this order and there is no prejudice to her in denying the motion to substitute her as a party.” The North Dakota Supreme Court granted Edward Jones’ motion and dismissed the appeal, agreeing that Johnston could not appeal on behalf of a dead person. If Johnston was not authorized to file this appeal, his motion to substitute on appeal was moot. View "Knapp v. The Jones Financial Co., et al." on Justia Law

Matthew Beland and Sarah Kyte appealed after the denial of Beland’s motion for a temporary restraining order and motion for sanctions against Jeremiah Danel and Jeremiah Danel, D.D.S., P.C., and the granting of Danel’s motion for sanctions against Beland and Kyte. Beland and his former spouse shared joint legal custody over their two minor children since divorcing in 2015. Beland, with the assistance of his counsel, Kyte, filed an ex parte motion for a temporary restraining order along with a complaint seeking injunctive relief against Danel to stop dental services from being provided to Beland’s children. The complaint also sought full disclosure of the children’s dental records for services already received. The district court denied Beland’s request for a temporary restraining order and injunctive relief, and granted Danel’s motion for sanctions, finding that Beland and Kyte’s commencement of litigation was done for the improper purpose of exercising control over Beland’s former spouse’s decisions, and usurping Minnesota family court proceedings in violation of N.D.R.Civ.P. 11(b)(1). The court also found Beland’s claims lacked evidentiary support in violation of N.D.R.Civ.P. 11(b)(3). The court noted that N.D.R.Civ.P. 11(b)(2) was not violated because Beland and Kyte’s request for dental records had merit. After review of the district court decision, the North Dakota Supreme Court found no reversible error and affirmed. View "Beland, et al. v. Danel, et al." on Justia Law

Zachary Archambault appeals from a criminal judgment after a jury found him guilty of continuous sexual abuse of a child, arguing the district court erred by granting a continuance and denying his motion for a mistrial. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Archambault" on Justia Law

Zhiwar Ismail appealed after he was convicted on two counts of possession and delivery of a controlled substance. He argued on appeal he received ineffective assistance of counsel based on his attorney’s failure to move for acquittal on all charges, and for failing to make certain objections at trial. Further, Ismail argued the trial court improperly questioned witnesses. Finding no reversible error in the trial court proceedings, and that his counsel did not render constitutionally ineffective assistance, the North Dakota Supreme Court affirmed Ismail’s convictions. View "North Dakota v. Ismail" on Justia Law

Michael Sapa was convicted by jury of gross sexual imposition. On appeal, he argued the district court erred by excluding evidence about the victim’s age. He claims two statutes, N.D.C.C. §§ 12.1-20-01 and 14-10-01, created competing and confusing definitions of “minors.” He also argued N.D.C.C. § 12.1-20-01 was unconstitutionally vague. Finding no reversible error, the North Dakota Supreme Court affirmed Sapa’s conviction. View "North Dakota v. Sapa" on Justia Law

Cole Peters appealed his convictions for: terrorizing, two counts of gross sexual imposition, attempted murder, and felonious restraint. Peters argued on appeal that the State violated his right to a speedy trial, that the district court erred when it failed to exclude duplicate photographs of B.C., the victim, and that the court should have given a curative instruction to the jury on the duplicate pictures. Finding no reversible error, the North Dakota Supreme Court affirmed the convictions. View "North Dakota v. Peters" on Justia Law

Ordahl LLC (“Ordahl”) appeals from a district court order granting Arlene Lykken, Bruce Lykken, Paul Lykken, and Sandra Teske’s (“the Lykkens”) motion for summary judgment and denying Ordahl’s motion for summary judgment. Ordahl and the Lykkens executed a purchase agreement for the sale of 12 acres of land and an easement on adjacent property to the north of the parcel. Under the terms of the purchase agreement, Ordahl was required to provide a $10,000 earnest money payment. After the purchase agreement was signed, the Lykkens anticipatorily breached the agreement. Ordahl brought suit seeking a declaratory judgment declaring that Ordahl’s relief was not limited to the return of its earnest money. Ordahl claimed it was not required to terminate the parties’ agreement and was entitled to enforce the terms of the agreement through the equitable doctrine of specific performance. The Lykkens counterclaimed seeking reformation of the purchase agreement. The North Dakota Supreme Court concluded the trial court erred in determining the purchase agreement required Ordahl to terminate the agreement and limited Ordahl to a recovery of its earnest money. The Supreme Court reversed and remanded this case for consideration of whether Ordahl should have prevailed on its equitable claim to enforce the terms of the parties’ agreement through specific performance and, if necessary, consider the Lykkens’s request for reformation of the agreement. View "Ordahl v. Lykken, et al." on Justia Law

Ryan Kratz appealed after the district court denied his motion seeking to correct an illegal sentence and dismissed his application for post-conviction relief. The court held Kratz had failed to sufficiently support his application and found it would not be equitable for the application to be heard pursuant to the fugitive disentitlement doctrine. Finding no reversible error in that judgment, the North Dakota Supreme Court affirmed the dismissal of the application for post-conviction relief. View "Kratz v. North Dakota" on Justia Law