Justia North Dakota Supreme Court Opinion Summaries

Clark Beach appealed a district court order denying his petition for formal probate of a holographic will. Clark was the brother of Skip Beach (“decedent”). The decedent lived in Golden Valley County, North Dakota. He was survived by seven siblings and one daughter. The will at issue was submitted to informal probate, and co-personal representatives were appointed. Clark filed a petition for formal probate of the will. The purported holographic will left everything the decedent owned to Clark. The court entered its order denying the petition for formal probate of the holographic will. The court found the signature “Skip Beach” on the proposed holographic will was the decedent’s signature based on the evidence. The court held the clause “Everything I own” was a material portion and was not in the decedent’s handwriting. The court reasoned that the clause appeared to have been written in different ink, was lighter in appearance, and was slanted different than the rest of the document. Additionally, the court found the clause was smaller in text and was written in only printed letters while other portions of the document use a mix of cursive and printed letters. The court stated the testimony given by Clark Beach, his siblings, and others did not change the court’s finding and stated “[n]one of these individuals are handwriting experts, and none of them ever saw this purported will before Skip’s death.” The court held that Clark Beach failed to meet his burden of proof that a material portion of the document was in the testator’s handwriting as required by law. Clark argued the district court erred in finding the material portions of the holographic will were not in the testator’s handwriting. Finding no reversible error, the North Dakota Supreme Court affirmed the order denying the petition for formal probate. View "Estate of Beach" on Justia Law

Shane Lance Yates and Amy Jo Yates (“Petitioners”) appealed district court orders denying their petitions for name changes and requests for reconsideration. They argued the district court erred in concluding their current names and the names requested were the same names. Petitioners sought to change their respective names from “SHANE LANCE YATES” (in all uppercase letters) to “Shane Lance Yates” and “AMY JO YATES” (in all uppercase letters) to “Amy Jo Yates.” They requested the changes to “terminate the guardian-ward relationship, and to distinguish from all other aliases, correct any mistakes, errors or identity confusion that exists in relation to the ALL CAPS STATE CREATED NAME.” The district court denied the petitions under res judicata because the Petitioners had previously filed identical name change petitions, which had been denied by the court, and they did not seek to change from one name to another and the requested change would not affect any action or legal proceeding or other right, title, or interest, as was the stated purpose. The Petitioners argue the district court erred in concluding their current names and the names requested were the same names. The North Dakota Supreme Court affirmed, finding Petitioners offered no authority or reasoned argument that there was any legal significance to the capitalization of their names. The district court therefore did not abuse its discretion in denying the petitions. View "Matter of Shane Lance Yates" on Justia Law

North Dakota Workforce Safety & Insurance ("WSI") appealed after a district court affirmed an ALJ’s decision reversing WSI’s imposition of derivative premium liability on Brendel Construction, Inc. for unpaid premiums due from one of its subcontractors, Daniel Alvidrez. WSI determined Daniel Alvidrez and Alfredo Frias were roofing subcontractors of Brendel Construction. WSI investigators noticed Frias and Alvidrez each used the same Texas address, and because of this “cross-over information relating to Frias and Alvidrez, [WSI] established two separate accounts.” After unsuccessfully attempting to collect premium amounts from each, WSI imposed derivative liability on Brendel Construction. Brendel Construction appealed to the district court, and WSI cross appealed. The court affirmed imposition of liability as to the Frias account and dismissed as untimely WSI’s cross appeal concerning the Alvidrez account. In Brendel Construction I, the North Dakota Supreme Court affirmed as to the Frias account and reversed the dismissal of WSI’s cross appeal. On remand, the district court affirmed the ALJ’s decision determining Brendel Construction was not liable for the Alvidrez account. WSI appealed that last judgment. The Supreme Court determined that even if there was evidence Alvidrez had employees, WSI still had not provided reliable information to support its imposition of premium liability. Judgment was thus affirmed. View "Brendel Construction v. WSI" on Justia Law

Emile Dargbeh appealed after he was convicted by jury on two counts of forgery. In March and April 2020, Dargbeh cashed three forged checks from Dacotah Paper Company. Each check was written out to Emile Dargbeh in an amount ranging from $1,900 to $2,180. The State obtained video showing Dargbeh cashing two of the three checks. The State charged Dargbeh with one count of forgery for each check recorded on video but did not include a third count for the third check not recorded on video. The North Dakota Supreme Court affirmed, concluding that the court did not abuse its discretion in admitting evidence and testimony in relation to the third, uncharged check, and that there was sufficient evidence to sustain the conviction. View "North Dakota v. Dargbeh" on Justia Law

Dean Gerving appealed a second amended judgment modifying his child support obligation. Gerving argued the district court erred in calculating his net income and erred by denying his request for a downward deviation in his child support obligation based on his payment of the child’s private school tuition. The North Dakota Supreme Court affirmed the district court’s denial of Gerving’s request for a downward deviation, but concluded the court erred in calculating Gerving’s net income. Therefore, that judgment was reversed and the case remanded for the trial court to properly calculate Gerving’s net income and child support obligation. View "Gerving v. Gerving, et al." on Justia Law

Jeanne and Nevin Tergesen appealed a judgment dismissing their complaint and awarding Nelson Homes, Inc. damages for its breach of contract counterclaim. The Tergesens argued the district court erred in dismissing their rescission and breach of contract claims, and the court erroneously found the Tergesens breached the contract. After review, the North Dakota Supreme Court concluded the district court did not err in dismissing the Tergesens’ claims or finding the Tergesens breached the contract, but the court did err in calculating the amount of prejudgment interest on Nelson Homes’ damages. View "Tergesen, et al. v. Nelson Homes" on Justia Law

Enerplus Resources (USA) Corporation (“Enerplus”) appealed an amended judgment and adverse summary judgment orders which held it liable for suspending royalty payments to Meyer Family Mineral Trust, Joann Deryce Struthers Trust, and Steven J. Reed Living Trust (collectively, “Trust Defendants”). Victor Christensen owned land in Dunn County, North Dakota, including an area referred to as the “W1/2.” In 1952, he deeded a 5/128 royalty interest1 to Henry Roquette for all of the oil and gas produced from the W1/2 (“Roquette Deed”). Thereafter, Victor Christensen transferred his remaining interest in the W1/2 to his wife, Mildred Christensen. In 1957, Mildred Christensen deeded the W1/2 to Joe Reed and Deryce Reed, reserving a 4/5 mineral interest, and thereby conveying a 1/5 mineral interest to the Reeds. In 1968, Henry Roquette conveyed the 5/128 royalty interest to Mildred Christensen. The Vic Christensen Mineral Trust (“VCMT”) now owns the 4/5 mineral interest in the W1/2 that was formerly owned by Mildred Christensen. The Trust Defendants collectively owned the 1/5 mineral interest previously conveyed to the Reeds. Enerplus operated wells within the W1/2. A title examiner found a discrepancy with the land acreage in the Roquette Deed, which affected the size of the royalty interest. In October 2017, Enerplus informed VCMT and the Trust Defendants of these issues, required they enter into a stipulation clarifying their ownership interests, and suspended royalty payments to VCMT and the Trust Defendants. In 2019, VCMT sued the Trust Defendants to quiet title, alleging it owned the royalty interest on the Trust Defendants’ 1/5 mineral interest in the W1/2, and the royalty interest was larger than 5/128 based on the Roquette Deed. The Trust Defendants counterclaimed, alleging their 1/5 mineral interest had no royalty burden. VCMT and the Trust Defendants then stipulated to their interests with VCMT agreeing to forgo any rights to the royalty interest. Enerplus then paid VCMT and the Trust Defendants their suspended royalty payments. The Trust Defendants sought statutory interest from Enerplus for suspending their royalty payments. After cross-motions, the district court granted summary judgment in favor of the Trust Defendants and against Enerplus. Enerplus argued it was justified in suspending payments under N.D.C.C. 47-16-39.1, which allowed for suspending payments in the event of a dispute of title. To this, the North Dakota Supreme Court agreed and revered the district court's orders. View "Vic Christensen Mineral Trust v. Enerplus Resources Corp., et al." on Justia Law

Brent Castleman was convicted by jury of child abuse. At trial, the mother testified she was in her daughter’s bedroom when Castleman entered the room, screamed at her, held her by the neck, and pushed her face into a pillow. Their daughter was on the bed with the mother during the incident. The mother testified her daughter was “really scared,” “shaking,” and “cr[ied] a little bit.” The mother recorded audio of the incident using her phone, which was hidden under a pillow. The recording was played for the jury. The recording includes Castleman threatening, arguing with, and yelling at his wife. The daughter can be heard crying for a few seconds during the recording. Castleman argued on appeal there was insufficient evidence to establish a mental injury. The North Dakota Supreme Court reversed, finding that the evidence in the record here was limited to the mother’s testimony that her daughter was shaking and crying, and the audio recording of a few seconds of the child crying. "There is no evidence that there was any lasting effect on the child’s psychological, emotional, or mental health." View "North Dakota v. Castleman" on Justia Law

Joshua Roberts appealed a judgment finding him guilty of conspiracy to deliver a controlled substance, fentanyl. Roberts argued there was insufficient evidence to corroborate the testimony of an accomplice, and the jury should have received an instruction regarding the State’s burden to provide corroboration of an accomplice’s testimony. After review, the North Dakota Supreme Court concluded the State provided sufficient evidence to corroborate the testimony of the accomplice, and any error in failing to provide a jury instruction was harmless. View "North Dakota v. Roberts" on Justia Law

Michael Knoke appealed an order civilly committing him as a sexually dangerous individual. The North Dakota Supreme Court concluded the district court erred by ordering Knoke’s commitment without determining it he had serious difficulty controlling his behavior. The Court therefore reversed the commitment order. View "Matter of Knoke" on Justia Law