Justia North Dakota Supreme Court Opinion Summaries

Leland Swanson appealed a judgment dismissing his breach of contract and professional negligence claims against Mark Larson and Mark Larson, CPA, PLLC. In 2017, Swanson hired Larson to provide a forensic accounting of various entities owned by Swanson. Larson provided the accounting services in anticipation of litigation against Swanson’s former business partner. During discovery in subsequent litigation against the former business partner, Larson was identified as an expert witness in a July 2018 response to interrogatories. Larson ended his engagement in January 2019 by providing written notice to Swanson’s attorney. After Larson’s termination, Swanson retained another expert to testify in the pending litigation. In January 2020, Swanson sued Larson for breach of contract and professional negligence, alleging Larson breached their agreement and committed professional negligence by terminating his services and refusing to testify as an expert witness in the litigation against the former business partner. Larson moved for summary judgment, arguing the agreement did not require him to testify at trial. He also argued the agreement was terminable at will by either party, and he did not breach the agreement by terminating his services. On appeal to the North Dakota Supreme Court, Swanson argued the district court prematurely and improperly granted summary judgment in Larson’s favor. Finding no reversible error, the Supreme Court affirmed the trial court's judgment. View "Swanson v. Larson" on Justia Law

Michael Jon McCreary appealed after a jury found him guilty of aggravated assault with a dangerous weapon. On April 6, 2019, McCreary was attending an event at a hotel in Williston, North Dakota. J.P., the victim, was working as a security guard for the hotel. During the course of the night, McCreary was involved in an altercation with another guest behind the hotel. At one point, J.P.’s attention was drawn away from McCreary. When J.P. turned back, McCreary swung a “cylinder object” and struck J.P. in the forehead. J.P. described the object as “something very similar to a Maglite” although he “didn’t see the head of the flashlight itself.” Photographs were introduced showing a large, dark-colored flashlight “approximately one foot in length” attached to a holster on McCreary’s hip earlier in the night. On appeal, McCreary contended the evidence was insufficient to support his conviction, arguing the flashlight used in the assault was not a “dangerous weapon” as defined by N.D.C.C. 12.1-01-04(6). The North Dakota Supreme Court affirmed, concluding a flashlight could be considered a dangerous weapon under N.D.C.C. 12.1-01- 04(6), and sufficient evidence supported McCreary’s conviction. View "North Dakota v. McCreary" on Justia Law

Chad Quamme appealed a divorce judgment, arguing the district court erred when it calculated child support and when it awarded Ashley Quamme spousal support. After review, the North Dakota Supreme Court reversed the district court’s child support determination, concluding the court’s finding that Chad was self-employed was not supported by the evidence. The Court also reversed the court’s award of spousal support because it was unable to determine the court’s rationale for deciding Chad had the ability to pay. The case was remanded for the district court to recalculate child support and to reassess whether an award of spousal support was warranted. View "Quamme v. Quamme" on Justia Law

DCI Credit Services, Inc. (“DCI”) appealed a district court’s order denying its request to vacate the order granting summary judgment and awarding costs and attorney’s fees to Nicholas Plemper. DCI also appealed the dismissal of the complaint with prejudice and awarding Plemper costs and attorney’s fees. DCI filed the underlying action in May 2020, alleging Plemper owed $4,321.00 to Bakken Property Management for goods and/or services, and that the claim had been assigned to DCI. In September 2020, the district court granted DCI’s motion for default judgment. In October 2020, the district court granted Plemper’s motion for relief from judgment. DCI did not file a response to Plemper’s motion; Plemper then moved for summary judgment. There were settlement negotiations among the parties between the time of filing the motion for summary judgment and the court’s order. The parties exchanged emails agreeing that the matter should be dismissed but disagreed on whether costs should be awarded. In December 2020, without a response from DCI, the court granted Plemper’s motion for summary judgment and directed the clerk to enter judgment dismissing the complaint with prejudice and awarding Plemper his actual and statutory costs and disbursements, including reasonable attorney’s fees. Daniel Oster, attorney for DCI, had been seriously ill for about six months before he passed away on January 11, 2021. In February 2021, DCI moved to vacate the order granting Plemper’s motion for summary judgment, arguing: (1) Oster was not in good health during the time of the filing of the motion for summary judgment; and (2) there were ongoing settlement negotiations. Plemper filed a brief in opposition to the motion to vacate and requested the district court amend the existing judgment to add the attorney’s fees incurred in responding to the motion. The court denied DCI’s motion reasoning it failed to meet its burden and directed the clerk to enter judgment of dismissal and enter an award in favor of Plemper of actual and statutory costs and disbursements, including reasonable attorney’s fees. On appeal to the North Dakota Supreme Court, DCI argued the trial court erred in denying its motion to vacate because its late attorney kept his illness a secret. DCI also argued the court abused its discretion in awarding costs and attorney’s fees to Plemper. The Supreme Court affirmed in part the district court’s order denying DCI’s motion to vacate the order. The Supreme Court reversed in part the court’s order awarding costs and attorney’s fees and reversed in part the judgment awarding costs and attorney’s fees to Plemper in the amount of $1,625.00. View "DCI Credit Services v. Plemper" on Justia Law

Tioga Properties, LLC, appealed a district court judgment awarding Wades Welding, LLC $27,669.90 relating to Wades Welding’s lawsuit for enforcement of construction liens and unjust enrichment. Janice Ellsworth owned Tioga Properties. Tioga Properties owned a restaurant and home (referred to by the parties as a “mobile home”) adjacent to each other in Tioga, North Dakota. Susan Gordon leased the restaurant from Tioga Properties. Gordon delivered rent payments to John Ellsworth Jr., Janice Ellsworth’s son. Gordon resided in the home but had no written lease for that property. In late 2016 and early 2017, Gordon hired Wades Welding to repair the home and restaurant. Wades Welding performed $19,840 of work on the home and $2,500 of work on the restaurant. Wades Welding delivered the invoices for its work to Ellsworth Jr. A day after Wades Welding completed its work at the home, Ellsworth evicted Gordon from the restaurant and home. Ellsworth Jr. supervised the eviction and Gordon left both properties within 48 hours. In December 2017, Wades Welding recorded construction liens against the properties after Tioga Properties failed to pay for the repairs. Tioga Properties sold the restaurant in July 2019. In September 2019, Tioga Properties served on Wades Welding a demand to enforce the home lien. In October 2019, Wades Welding sued Tioga Properties for breach of contract, foreclosure of the construction liens and unjust enrichment. Tioga Properties denied the allegations, claiming it did not authorize Wades Welding's work on the properties. The district court found Wades Welding's construction liens on both properties were valid, and ordered foreclosure of the home lien. The court found the lien on the restaurant was unenforceable due to a service error, but nonetheless awarded Wades Welding the amount of the repaired under the doctrine of unjust enrichment. Finding no reversible error in the district court's judgment, the North Dakota Supreme Court affirmed judgment in favor of Wades Welding. View "Wades Welding v. Tioga Properties" on Justia Law

Cliff Boldt appealed a divorce judgment, arguing the district court erred when it awarded Heidi Boldt primary residential responsibility of the parties’ minor children. He argued the court’s analysis of the best interest factors was inadequate, and the evidence did not support its decision. Heidi cross appealed, arguing the court erred when it calculated child support. She argued the court improperly allowed Cliff to deduct amounts he paid her for the children’s health insurance premiums from his gross income. Finding no reversible error in either appeal, the North Dakota Supreme Court affirmed the district court. View "Boldt v. Boldt" on Justia Law

Jason and Andrea Alm appealed a district court order denying grandparent visitation, arguing the district court erred in finding they did not meet the statutory requirements for nonparent visitation. The Alms were the parents of Spencer Muchow. Muchow and Mariah Kohler had two children, S.J.M.A. and D.J.M.A. In 2018, the district court awarded Muchow primary residential responsibility of the children. Muchow died in 2019 and the children went into Kohler’s exclusive care. In 2020, the Alms filed a petition for visitation. After a hearing, a judicial referee denied the Alms’ petition. The Alms requested district court review. The district court adopted the referee’s findings, concluding it was not proven that the Alms had a significant emotional bond with their grandchildren, and that denial of visitation would harm their grandchildren. The district court found Kohler was acting in her children’s best interest and could allow the Alms visitation if she so decided. Upon review of the evidence and the district court’s findings, the North Dakota Supreme Court was "not left with a definite and firm conviction a mistake was made." Accordingly, judgment was affirmed. View "Muchow v. Kohler, et al." on Justia Law

Richard Anderson and Priscilla Iakel-Garcia married in 2008 and had one child. In November 2019, Iakel-Garcia filed for divorce. In November 2020, a bench trial was held by reliable electronic means. Richard appealed the judgment granting the parties’ divorce, awarding Priscilla Iakel-Garcia primary residential responsibility and sole decision-making of the parties’ minor child, and distributing the parties’ marital estate. Richard argued the district court erred in awarding Priscilla primary residential responsibility and sole decision-making because the court should not have considered his criminal conviction. Further, he argued the court failed to divide the property equitably between the parties. The North Dakota Supreme Court affirmed the district court’s judgment awarding Priscilla primary residential responsibility and sole decision-making. However, the Court found the district court failed to determine the total value of the marital estate before dividing the marital property. "The judgment, without any reference to the Ruff-Fischer guidelines, fails to list any value for the parties’ assets. As a result, we are unable to determine whether the court equitably distributed the marital estate because the court did not make sufficient findings to permit appellate review." This portion of the district court judgment was reversed and the matter remanded to the district court for further proceedings. View "Iakel-Garcia v. Anderson" on Justia Law

Lorry Van Chase appealed a district court order summarily denying his application for postconviction relief. In 2014, a jury convicted Chase of gross sexual imposition. He appealed and the conviction was affirmed. In March 2020, Chase filed a third application for postconviction relief, alleging ineffective assistance of counsel and newly discovered evidence. The State answered the application, and requested summary dismissal within its answer. The district court scheduled oral argument on the application. No response to the request for summary dismissal was filed by Chase. After oral argument, the court summarily denied the application for postconviction relief. Chase argued the district court erred by summarily denying his application without requiring the State to file a motion for summary disposition. The North Dakota Supreme Court concluded the district court erred in treating the State’s answer as the motion required by statute and rule, and overruled Delvo v. North Dakota, 782 N.W.2d 72, and Chisholm v. North Dakota, 937 N.W.2d 520, which had allowed the State to request summary disposition in its answer. Accordingly, judgment was reversed and the matter remanded for further proceedings. View "Chase v. North Dakota" on Justia Law

The State appealed a district court order dismissing a felony charge of unlawful possession of drug paraphernalia for lack of probable cause. The State charged Dylan Nupdal with unlawful possession of drug paraphernalia (a class C felony), among other offenses. The State argued the court erred in concluding a scale only alleged to have been used to weigh and package methamphetamine into smaller quantities did not satisfy the statutory element requiring use or intent to use the scale to produce or prepare methamphetamine. The State asserted the scale was used, or possessed with intent to be used, to produce or prepare methamphetamine. Under the plain language of the statute, a person was guilty of a class C felony if the drug paraphernalia is used, or possessed with intent to be used, in eight enumerated ways. The North Dakota Supreme Court determined these eight prohibited uses did not include using, or possessing with an intent to use, drug paraphernalia to weigh a controlled substance, which was what was alleged by the State, and ultimately found by the district court. "The definition section, N.D.C.C. 19-03.4-01, supports this interpretation, providing that drug paraphernalia includes kits, blenders, bowls, containers, spoons, grinders, and mixing devices used in producing or preparing controlled substances, N.D.C.C. sections 19-03.4-01(2), (8), and scales and balances used in weighing or measuring controlled substances, N.D.C.C. section 19-03.4-01(5). This section implicitly recognizes scales are used to weigh or measure controlled substances when categorized as drug paraphernalia." Accordingly, the Supreme Court concluded the district court did not err in concluding the State failed to establish probable cause of Nupdal unlawfully possessing drug paraphernalia, and dismissing the felony charge. View "North Dakota v. Nupdal" on Justia Law