Justia North Dakota Supreme Court Opinion Summaries

Warren Runyan appealed a judgment granting Heather Presswood’s request for divorce while reserving division of the parties’ property and allocation of the parties’ debt. Runyan argued the district court erred in granting the divorce because Presswood failed to file a brief in support of her motion and he was denied due process by the court’s failure to rule on his objection to Presswood’s motion. The North Dakota Supreme Court dismissed the appeal, concluding the judgment was not final and was not appealable. View "Presswood v. Runyan" on Justia Law

Michael and Bonita McDougall appealed a judgment dismissing their deceit and unjust enrichment claims against AgCountry Farm Credit Services, PCA and granting summary judgment in favor of AgCountry on its claims to enforce assignment of rents and to foreclose a mortgage. The North Dakota Supreme Court concluded the district court erred by concluding the McDougalls’ deceit claim was precluded by the statute of frauds. Therefore the Court reversef the judgment as to the deceit and unjust enrichment claims, affirmed judgment on the remaining claims, and remanded. View "McDougall, et al. v. AgCountry Farm Credit Services, PCA, et al." on Justia Law

James Aldinger appeals from a second amended judgment modifying his child support obligation for the child he has with Marcella Aldinger. In October 2010 the amended judgment was entered, ordering James to pay $427 in child support for the child. On April 17, 2019, the State moved to modify James' child support obligation, requesting an increase to $748 per month. On April 26, 2019, James answered, and filed a second answer on May 1, 2019, moving to dismiss the motion, and contending his employment changed and the State disregarded the change. The distict court modified the support order, calculating the correct child support for James' income was $701 per month. A second amended judgment was entered. James argued to the North Dakota Supreme Court that the district court abused its discretion by failing to dismiss the State’s motion to modify when it determined that different income calculations were appropriate. He also argued the court did not have jurisdiction to modify the child support obligation because he no longer lived in North Dakota and the court erred as a matter of law by applying the North Dakota child support guidelines. Finding no reversible error, the Supreme Court affirmed the second amended judgment. View "Aldinger v. Aldinger" on Justia Law

Gentek Building Products, Inc. appealed after a jury awarded Richard and Angela Palmer damages of $10,791, plus interest. Gentek also appealed an order awarding attorney fees of $80,379 to the Palmers, and taxation of costs and disbursements. In 2003, the Palmers purchased and installed “Driftwood” steel siding from Gentek on their home in Williston. Gentek provided a lifetime limited warranty for the siding. In September 2011, the paint began to peel on the siding installed on the south side of the home. In January 2012, the Palmers submitted a warranty claim to Gentek. Gentek offered the Palmers the option of either a cash settlement or replacement with a substitute siding under the warranty, since Gentek had discontinued producing the type of siding originally installed. While the Palmers opted to have their siding replaced with a substitute, Gentek had difficulty finding a contractor willing to perform the warranty work due to the oil boom in the area. Thousands of others also experienced delaminated pain on their siding and filed warranty claims with Gentek, resulting in a class action lawsuit filed in federal district court in Ohio. The federal district court entered a final order and judgment approving a class action settlement. In 2014, the Palmers filed this suit against Gentek, alleging breach of warranty by failing to replace the defective siding. Gentek defended by arguing the Palmers were bound by the federal court's final class action settlement. The North Dakota Supreme Court concluded the North Dakota district court did not err in holding the Palmers were not bound by the federal district court’s final order and judgment approving a class action settlement. Furthermore, the Supreme Court concluded that the court erred in its award of attorney fees and in not ruling on Gentek’s objection to costs and disbursements. The order awarding attorney fees and taxation of costs and disbursements was reversed, however, and the matter remanded for further proceedings. View "Palmer, et al. v. Gentek Building Products, Inc." on Justia Law

G.L.D. was first civilly committed as a sexually dangerous individual in 2007. G.L.D. petitioned the district court for discharge in April 2016, and a discharge hearing was held in June 2019. At the hearing, Dr. Richard Travis testified for the State. Dr. Travis testified that G.L.D. remains a sexually dangerous individual subject to continued civil commitment. G.L.D. did not call any experts in support of his petition for discharge. At the conclusion of the hearing, the district court orally issued findings of fact and conclusions of law resulting in G.L.D.'s continued commitment. G.L.D. appealed the district court's order denying his petition for discharge from civil commitment. After review, the North Dakota Supreme Court concluded the district court did not make sufficient findings of fact, and remanded for further findings. View "Interest of G.L.D." on Justia Law

Raymond Voisine appealed a district court order finding he remained a sexually dangerous individual. He argued the district court erred by: (1) granting the State’s request for continuance; (2) not holding a hearing within 365 days of the previous report or within a calendar year; (3) allowing the State to file and rely on an expert’s report that was filed late; and (4) finding by clear and convincing evidence that Voisine remained a sexually dangerous individual. The North Dakota Supreme Court determined the dispositive issue was whether clear and convincing evidence existed establishing Voisine remained a sexually dangerous individual. The Court determined the record as a whole did not support the finding by clear and convincing evidence that Voisine remained a sexually dangerous individual. "Limited rule infractions and sporadic progress and participation in treatment relied on in this case do not establish that the risk posed by Voisine is distinguishable 'from the dangerous but typical recidivist in the ordinary criminal case.'" Accordingly, the order denying Voisine's petition for discharge was reversed. View "Interest of Voisine" on Justia Law

Kevin Johnson appeals from an amended judgment granting Julie Lessard a divorce and from orders denying his motions for a new trial and for contempt. Johnson and Lessard were married in 2006, and had three minor children together. Johnson argued the court’s property division was not equitable and the court did not explain the disparity in the division, and the court did not properly apply the best interest factors in deciding primary residential responsibility for the children. Johnson also moved to amend the judgment and to hold Lessard in contempt. The North Dakota Supreme Court determined the district court did not act in an arbitrary or unreasonable manner and did not misinterpret or misapply the law. Therefore, the Supreme Court concluded the court did not abuse its discretion by denying Johnson’s motion for contempt without holding an evidentiary hearing. The district court judgment was affirmed. View "Lessard v. Johnson" on Justia Law

Kerry Komrosky appealed a criminal judgment after entering a conditional plea of guilty to three drug-related charges. In his plea, Komrosky reserved his right to appeal the district court’s denial of his motion to suppress evidence. Komrosky argued the district court erred in finding the warrantless entry into his home fell within the emergency exception to the warrant requirement and the evidence seized was in plain view. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Komrosky" on Justia Law

Matthew and SummerLee Thomas were married in 2008. Matthew and SummerLee have two children, H.M.T., born in 2008, and C.M.T., born in 2009. In May 2018 Matthew initiated a divorce proceeding, citing irreconcilable differences. Following trial in February 2019, the district court issued its findings of fact, conclusions of law, and order for judgment. A judgment was entered accordingly, granting an absolute decree of divorce, distributing assets, and giving SummerLee and Matthew joint residential responsibility of H.M.T. and C.M.T. Matthew appealed the judgment granting the parties joint residential responsibility of the children, arguing the district court erred when applying the best interest factors. The North Dakota Supreme Court determined the district court did not make findings regarding the portions of a stipulated agreement that were not part of the divorce judgment and order. "The court is not bound to accept the stipulation, but if it does not, it must make findings that the stipulation is not in the best interests of the children. ... [t]he district court’s findings should be sufficiently detailed to allow [the Supreme] Court to understand the basis for its decision.” The matter was remanded with instructions to the district court to make specific findings. View "Thomas v. Thomas" on Justia Law

The North Dakota Department of Transportation appeals from a judgment reversing the decision of an administrative hearing officer revoking Corey Joseph Jesser’s driving privileges for 180 days. Jesser refused to take a sobriety test and was arrested for driving under the influence. The hearing officer found Peterson had reason to believe Jesser was involved in a traffic accident as the driver, Jesser’s body contained alcohol, and he refused to submit to the onsite screening test. The hearing officer found the arresting police officer had reasonable grounds to believe Jesser was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor. The hearing officer found Jesser was arrested and refused to submit to the chemical breath test. The license was revoked for 180 days based on Jesser's refusal of the onsite screening and chemical tests. Notwithstanding these findings, the district court reversed the hearing officer's decision. Refusal of the screening test could have been cured by consenting to take the chemical test after arrest; Jesser argued a statutory opportunity to consult with an attorney before deciding whether to submit to the chemical test was deprived. Whether the statutory right to counsel before chemical testing under N.D.C.C. 39-20-01 impacted the right to cure under N.D.C.C. 39-20-14 was a question of first impression for the North Dakota Supreme Court. After review, the Court determined the limited statutory right of a defendant to consult with an attorney before taking a chemical test attached only after arrest. The Court rejected the argument that a post-arrest limited statutory right to counsel created a pre-arrest right because an individual was deprived of a post-arrest remedy. The Court reversed the district court judgment and reinstated the hearing officer's decision revoking Jesser's driving privileges. View "Jesser v. N.D. Dept. of Transportation" on Justia Law