Justia North Dakota Supreme Court Opinion Summaries

This was an appeal stemming from a divorce action commenced in 2017. The only issue was division of the parties’ marital property. Included as part of the parties’ marital property was Myron Axtman’s Hess pension. The pension benefits commenced on February 1, 2015, at which time Axtman began receiving $2,891.60 per month. Myron Axtman appealed an amended judgment distributing the parties’ marital property. Axtman argued the district court abused its discretion in amending the judgment, and the court amended judgment under N.D.R.Civ.P. 60(a) without providing proper notice. The North Dakota Supreme Court determined Rule 60(a) was a proper mechanism for the court to amend the judgment to correct the mistake resulting from its oversight and omission, but the court did not provide notice to the parties it was considering amending judgment pursuant to Rule 60(a). However, the court’s error was considered harmless because, after the court amended the judgment, Axtman brought a “Motion to Vacate Order on Motion for Relief from Judgment.” In his motion, Axtman argued the district court erred in amending the judgment under Rule 60(a) because the original judgment’s failure to divide the pension payments received by Axtman during the pendency of the divorce was not a clerical mistake or a mistake arising from oversight or omission, which was the argument he raised on appeal to the Supreme Court. The Supreme Court determined Axtman was aware the district court recognized it failed to take into consideration the payments Axtman received during the pendency of the divorce in the original judgment, and that Amy Axtman was attempting to amend the judgment to account for the payments Axtman received during the pendency of the divorce. The court’s error in not providing notice did not require reversal. Thus, the Court affirmed judgment. View "Axtman v. Axtman" on Justia Law

James McGowen, a/k/a James McGowan, appeals from the amended criminal judgment finding him guilty of two counts of simple assault on a corrections officer and ordering $1,855.31 in restitution. McGowen was brought from a holding cell at the Burleigh-Morton County Detention Center into the booking area. McGowen became angry and agitated. The two correctional officers walked around the corner to assist the booking officer, and one tried to restrain McGowen. The officer felt something hit him in the face and believed McGowen punched him. The other officer tackled McGowen to the ground, while McGowen was still attacking the first officer. On the ground, McGowan continued to flail and swing punches. McGowen argues evidence was insufficient to convict him, and the district court abused its discretion by continuing the restitution hearing, and by ordering $1,855.31 in restitution. View "North Dakota v. McGowen" on Justia Law

Kinsale Insurance Company appealed a district court’s partial summary judgment determining Kinsale had a duty to defend QEP Energy Company (“QEP”). QEP moved to dismiss the appeal, arguing the partial summary judgment was not appealable. Kinsale responded, asserting the Declaratory Judgment Act provided a statutory basis for the appeal. The North Dakota Supreme Court concluded the Declaratory Judgment Act did not provide a statutory basis for the appeal, and therefore dismissed the appeal for lack of jurisdiction. View "Dellinger v. Wolf, et al." on Justia Law

Fred Sande, the personal representative of the Estate of Geraldine Sande, appealed a judgment distributing the estate. Geraldine Sande and her son, Philip Sande, owned Sande Music Company, a partnership. Geraldine owned 55 percent of the partnership and Philip owned the remaining 45 percent. In March 2010, Geraldine and Philip sold the company for $800,000, of which $600,000 was paid shortly after the sale and the remaining amount was to be paid in installments. Philip executed a promissory note in the amount of $55,000 in favor of Geraldine. Philip died on August 17, 2014, and his wife, Paulette Sande, was appointed the personal representative of his estate. Fred filed an inventory and appraisement of Geraldine's estate, which included real property, Geraldine's share of Sande Music sale proceeds, the $55,000 promissory note from Philip, and other assets. Philip objected to the inventory and appraisement, demanded an accounting of Geraldine's Estate, and requested the immediate return of any Estate assets. Philip alleged the Estate’s real property was undervalued, Fred removed assets from the real property, Fred conveyed real property to himself, and deprived Philip of his interest in the property, and alleged Fred failed to pay rent for use of the Estate's property while conducting business there. Philip also claimed that the value of the promissory note did not reflect payments that had been made and that there were no assets from the sale of Sande Music at the time of Geraldine's death. The North Dakota Supreme Court concluded the evidence supported the district court’s findings, the court’s finding that Fred breached his fiduciary duty was not clearly erroneous, and the court did not abuse its discretion by denying Fred's request for personal representative’s fees and attorney’s fees. View "Estate of Sande" on Justia Law

George Voigt appealed a judgment establishing paternity and primary residential responsibility. Voigt and Brenna Nelson were never married, but had one daughter, S.M.V., born in 2013. Voigt filed a complaint to establish paternity and parental responsibility in October 2018. In March 2019, Voigt sought interim relief, requesting equal residential and decision making responsibility. In April 2019, the district court ordered that the parties have joint residential responsibility and joint decision making on an interim basis. At trial, Voigt requested joint and equal residential responsibility and decision making authority. Nelson requested primary residential responsibility and decision making authority as determined by the court. The court awarded Nelson primary residential responsibility and decision making authority for non-emergency healthcare decisions. Voigt received parenting time and joint decision making in other aspects. On appeal, Voigt argued the district court’s award of primary residential responsibility and decision making authority for non-emergency healthcare decisions was clearly erroneous and the court abused its discretion by adopting the recommendations from a biased parenting investigator. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Voigt v. Nelson" on Justia Law

C & K Consulting, LLC, Stonebridge Villas LLC, Stonebridge Villas II LLC, Stonebridge Development Company LLC, and Townhomes at Stonebridge LLC (collectively, “C&K Consulting”) appealed a district court’s dismissal of their cases against the Ward County North Dakota Board of Commissioners (“Ward County”) and the court’s denial of their motion for post-judgment relief. Several cases consolidated for review were appeals of Ward County’s decisions on C&K Consulting’s applications for tax abatement and refunds. C&K Consulting argued the court erred when it dismissed the cases as a sanction for missing a briefing deadline. Because the court did not conduct the required sanctions analysis, the North Dakota Supreme Court reversed the court’s dismissal judgment and its order denying C&K Consulting’s motion for post-judgment relief and remanded for further proceedings. View "C & K Consulting v. Ward County Board of Commissioners" on Justia Law

Dustin Irwin died in 2014, in the Ward County, North Dakota jail. The circumstances of his death led to an investigation and criminal charges against Ward County Sheriff Steven Kukowski. Initially, Divide County State’s Attorney Seymour Jordan was appointed to handle the criminal proceeding. Jordan determined the circumstances justified a petition for removal of Sheriff Kukowski from office. Governor Jack Dalrymple appointed Jordan as the special prosecutor for the removal. Ultimately, Jordan requested to withdraw and Governor Burgum appointed attorney Daniel Traynor as the special prosecutor. After completion of the removal proceedings, Traynor submitted his bill to the State on May 1, 2017. The State forwarded the bill to Ward County. Ward County refused to pay the bill. Traynor sued the State and Ward County to recover the unpaid fees. The State responded to Traynor’s complaint by filing a motion to dismiss. Ward County answered Traynor’s complaint and cross-claimed against the State. The State moved to dismiss Ward County’s cross-claim. Traynor moved for judgment on the pleadings. The district court entered judgment in Traynor’s favor against the State, and awarded interest at 6% per annum. The State argued Ward County had to pay Traynor’s bill because Chapter 44-11, N.D.C.C., failed to address who should pay for the special prosecutor fees in a county official’s removal proceeding, and therefore the catch-all provision in N.D.C.C. 54-12-03 applied. Ward County argues neither Chapter 44-11, N.D.C.C., nor Chapter 54- 12, N.D.C.C., imposes an obligation upon a county to pay the fees of an attorney appointed by the Governor for proceedings for the removal of a public official. The North Dakota Supreme Court concurred with the district court that Chapter 44-11, N.D.C.C., was silent regarding the payment of special prosecutor fees in a removal proceeding, and it was not necessary or required to import N.D.C.C. 54-12-03 into Chapter 44-11. Based on these facts, the Supreme Court concluded the district court did not err in finding a contract existed for legal services between Traynor and the State. The Court agreed with Traynor that the district court erred by awarding 6% per annum interest instead of the 1.5% monthly interest rate stated on its bill. The Supreme Court therefore affirmed in part, reversed in part and remanded for further proceedings. View "Traynor Law Firm v. North Dakota, et al." on Justia Law

Joey Wayland appealed after he was convicted by jury of Theft of Property and Possession of Drug Paraphernalia. Wayland contended his case should have been dismissed because his right to a speedy trial was violated by a continuance of his trial from March 11, 2019 to April 8, 2019. Wayland also contended the district court violated his right to remain silent by ordering him to submit to a mental health evaluation. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Wayland" on Justia Law

Daniel Raak appealed a district court order: (1) denying his post-judgment motion to redistribute property and request for an evidentiary hearing; and (2) finding him in contempt and from a third amended judgment modifying his child support obligation. After review, the North Dakota Supreme Court dismissed as untimely Raak’s appeal of the order denying his motion to redistribute property and request for a hearing. The Supreme Court concluded the district court did not abuse its discretion by finding him in contempt, but erred in determining the parties’ child support obligations. The Supreme Court therefore reversed and remanded to the district court for further proceedings to recalculate child support based on the parties’ monthly net income, the number of children eligible for support and the child support guidelines. Because the Supreme Court remanded, the district court in its discretion could reopen the record to address the issues Raak raised on appeal regarding its child support determination. View "Jacobs-Raak v. Raak, et al." on Justia Law

Alan Albrecht appeals from a district court judgment dismissing his complaint against Mark Albrecht with prejudice. The background for this case stemmed from prior litigation in the divorce proceedings of Glen and Sharleen Albrecht (Alan and Mark's parents), and continuing in the probate of Sharleen Albrecht’s estate. Alan named his brother Mark and Mark's wife as defendants in a complaint alleging contempt of court and unjust enrichment. He alleged that, while Glen and Sharleen's divorce was pending and restraining provisions were in effect, their late-mother Sharleen Albrecht changed the beneficiary designation on an investment account owned by her, removing Alan as one of the beneficiaries and naming only Mark as the transfer-on-death beneficiary. He further alleged that, in contravention of the divorce summons and interim order’s restraining provisions, Sharleen liquidated the investment account and the proceeds from the liquidated account were subsequently transferred to Mark after Sharleen's death. The North Dakota Supreme Court concluded Alan lacked standing to bring the action, so it affirmed dismissal. View "Albrecht v. Albrecht, et al." on Justia Law