Justia North Dakota Supreme Court Opinion Summaries

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

Henry H. Behle IV appealed the grant of summary judgment and award of attorney’s fees in favor of Darren Harr as personal representative of the Estate of Henry L. Behle. Behle filed a petition asking the district court to determine the validity of the decedent’s will and convert the administration to a formal probate. Harr, as personal representative of the Estate, objected to Behle’s petition and moved for summary judgment. Behle argued the probate application was defective because an electronic copy of the decedent’s will was filed with the district court rather than the original. Behle also claimed Harr asserted undue influence over the decedent. The district court granted Harr’s motion for summary judgment and allowed the probate to proceed informally. Harr thereafter moved for an award of attorney's fees. The North Dakota Supreme Court concluded Behle’s contentions only amounted to suspicion; viewing the evidence in the light most favorable to Behle, no genuine issue of material fact existed regarding undue influence. Therefore, the Court concluded the district court did not err in granting summary judgment. However, the Supreme Court found the district court erred in ordering Behle to pay attorney's fees: the district court did not analyze whether the allegations in Behle’s petition were made in good faith when it awarded attorney’s fees under N.D.C.C. 28-26-31. Instead, the district court focused on Behle’s arguments made in opposition to summary judgment. "The plain words of the statute pertain only to pleadings and not to motions or other documents. Accordingly, the district court abused its discretion in awarding attorney’s fees under N.D.C.C. 28-26-31." View "Estate of Behle" on Justia Law

L.D., father of A.D., appeals a juvenile court order granting a guardianship for A.D. The father argued the court erred by finding A.D. to be a deprived child and failing to address the best interest factors and make an exceptional circumstances finding. A.D.’s aunt and uncle petitioned the juvenile court for a guardianship under N.D.C.C. ch. 27-20.1, alleging A.D. was a deprived child. The juvenile court found by clear and convincing evidence that the father had not provided care for or had any contact with A.D. since 2007 or 2008, and did not make any significant attempts to locate A.D. or have A.D. placed in his care. The court found that although the mother testified she attempted to hide A.D. from the father due to “what the father did to her [the mother],” the father has been aware of A.D.’s whereabouts since at least late 2019. In 2019, the father attempted to speak with A.D. on the telephone, but A.D. refused. The court found the father made no further attempt to contact A.D. The court found the father had abandoned A.D. The father claimed the juvenile court did not address the best interest factors under N.D.C.C. 14-09-06.2. However, the North Dakota Supreme Court was "able to discern how the court’s findings apply to the statutory best interest factors. The court was not required to specifically identify and discuss each best interest factor. The court made sufficient findings to conclude that the guardianship was in the best interest of A.D." Further, the Court found an exceptional circumstances finding was required when both a parent and non-parent are suitable candidates. When the child was deprived by the parents, no finding of exceptional circumstances was required to be made by the court to grant a guardianship. The finding of deprivation eliminates the need for a finding of exceptional circumstances. Accordingly, because A.D. was a deprived child, the juvenile court was not required to make a finding of exceptional circumstances in order to grant the guardianship. The Supreme Court therefore affirmed the juvenile court's order. View "Interest of A.D." on Justia Law