Justia Civil Procedure Opinion Summaries

McKenzie Electric Cooperative, Inc. ("McKenzie Electric") petitioned the North Dakota Supreme Court for a supervisory writ to direct the district court to vacate its order of recusal, deny the motion for recusal, and reassign the case back to Judge El-Dweek. The case began in November 2019, and in July 2020, Judge El-Dweek disclosed his membership in McKenzie Electric. Discovery continued through 2023, and McKenzie Electric disclosed it was seeking significant damages. In May 2024, the respondents filed a motion for a change of venue due to potential juror bias. Following a hearing, the respondents filed a motion for recusal, which Judge El-Dweek granted, citing the appearance of impropriety.The district court's decision to recuse was based on the judge's membership in McKenzie Electric and the potential financial interest he might have in the case's outcome. The respondents argued that the judge's financial interest created a reasonable question regarding his impartiality. The district court agreed and granted the motion for recusal, despite acknowledging the timing of the motion was suspect.The North Dakota Supreme Court reviewed the petition for a supervisory writ. The court emphasized that supervisory writs are issued rarely and cautiously, only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists. The court concluded that the claimed injustice, primarily stemming from delay, could not be remedied by granting the writ. The court also noted that any error in granting or denying recusal could be addressed on appeal. Consequently, the North Dakota Supreme Court denied McKenzie Electric's petition for a supervisory writ, finding that this case did not warrant the exercise of its supervisory jurisdiction. View "McKenzie Electric Coop., Inc. v. El-Dweek" on Justia Law

Mitchell S. Sanderson filed a civil lawsuit against Judge Kari Agotness, seeking $200 million in damages and demanding an investigation into alleged criminal conduct by Agotness. Sanderson served the summons and complaint on Agotness and the Office of Attorney General. Agotness responded with a motion to dismiss under N.D.R.Civ.P. 12(b)(6) and requested attorney’s fees. Sanderson did not respond to these motions. The district court granted the motion to dismiss, found Sanderson’s claims frivolous, and awarded attorney’s fees to Agotness. Sanderson then filed a motion for relief from judgment under N.D.R.Civ.P. 60(b), which was denied. Sanderson appealed.The North Dakota Supreme Court reviewed the case. Sanderson argued that the district court erred in dismissing his claims based on judicial immunity, asserting that Agotness lacked personal jurisdiction. The Supreme Court reviewed the dismissal de novo and found that Sanderson’s complaint lacked factual context and support, making it frivolous. The court held that judicial immunity protected Agotness from civil claims arising from her judicial duties, as she acted within her jurisdiction.The Supreme Court also reviewed the award of attorney’s fees under the abuse of discretion standard and found no error in the district court’s decision. However, the amount awarded was incorrect due to a computational error. The Supreme Court modified the attorney’s fees from $3,213.80 to $2,787.45.Sanderson’s appeal also included a challenge to the denial of his N.D.R.Civ.P. 60(b) motion for relief from judgment. The Supreme Court declined to consider this issue further, as Sanderson failed to adequately brief it.The North Dakota Supreme Court affirmed the dismissal of Sanderson’s case based on judicial immunity, modified the attorney’s fees awarded, and affirmed the judgment as modified. View "Sanderson v. Agotness" on Justia Law

Jennie Olson and Jonathan Olson were married on August 22, 2020. Two days before the wedding, Jonathan presented Jennie with a premarital agreement stipulating that in the event of a divorce, each party would retain ownership of their separate property. Jennie signed the agreement the same day. At the time, Jennie had a net worth of $386,917, while Jonathan had a net worth of $11,591,000. The couple separated in July 2022, and Jennie initiated divorce proceedings.The District Court of Grand Forks County, Northeast Central Judicial District, bifurcated the trial, first addressing the validity of the premarital agreement. The court found the agreement valid and enforceable and determined that the parties had no marital property. Jennie appealed, arguing the district court erred in its findings and abused its discretion in allowing a rebuttal witness to testify and in not admitting a text message as evidence.The Supreme Court of North Dakota reviewed the case. It held that the district court did not err in finding the premarital agreement valid and enforceable. The court found that Jennie had access to independent legal representation, received adequate financial disclosure, voluntarily consented to the agreement, and that the agreement was not substantively unconscionable. The court also held that the district court did not abuse its discretion in allowing the rebuttal witness to testify or in refusing to admit the text message as evidence.The Supreme Court affirmed the district court’s judgment and denied both parties' requests for attorney’s fees and costs, citing the premarital agreement's provision that each party is responsible for their own legal expenses. View "Olson v. Olson" on Justia Law

Rickie Poseley appealed a decision made by the Homer Township Board of Supervisors. The district court dismissed her appeal, stating it lacked jurisdiction because Poseley did not properly serve her notice of appeal on the township. Poseley argued that the court should overrule previous decisions that held personal delivery of service cannot be made by proxy or accomplished by mail.The District Court of Stutsman County, Southeast Judicial District, presided over by Judge James T. Shockman, dismissed Poseley's appeal due to improper service. The court found that Poseley did not comply with the mandatory service requirements under N.D.C.C. § 28-34-01 and N.D.R.Civ.P. 4(d)(2)(E), which require personal delivery to a member of the township's governing board. The court ruled that service by proxy or mail was not effective.The Supreme Court of North Dakota reviewed the case and affirmed the district court's decision. The Supreme Court held that compliance with N.D.C.C. § 28-34-01 and N.D.R.Civ.P. 4(d)(2)(E) is mandatory to invoke the district court’s appellate jurisdiction. The court reiterated that service on a proxy not authorized by law or appointment, or service by mail, does not constitute personal delivery. The Supreme Court declined to overrule its precedent and summarily affirmed the district court's dismissal of Poseley's appeal under N.D.R.App.P. 35.1(a)(7). View "Poseley v. Homer Township" on Justia Law

Three petitioners sought to quiet title in mineral rights for parcels of real property in McKenzie and Williams Counties, North Dakota. They argued that the state relinquished any claim to these mineral rights when a specific chapter of the North Dakota Century Code became effective in 2017. The petitioners claimed that the state abandoned the minerals, leaving them "up for grabs," and that they claimed the minerals by filing the lawsuit.In the McKenzie County District Court, the petitioners attempted service of process by publication on "unknown persons." Wesley and Barbara Lindvig answered, claiming ownership of the mineral rights. The petitioners' motions to strike the Lindvigs' answer and for default judgment were denied. The court granted the Lindvigs' motion to dismiss for failure to state a claim and awarded attorney’s fees, concluding the petitioners' action was frivolous. The petitioners appealed.In the Williams County District Court, the petitioners filed a similar lawsuit. Wesley and Barbara Lindvig, along with Kenneth and Mary Schmidt, answered and moved to dismiss on several grounds, including non-compliance with procedural rules and lack of ownership by the petitioners. The court granted the motion to dismiss and awarded attorney’s fees, finding the petition frivolous. The petitioners appealed.The North Dakota Supreme Court reviewed the cases and affirmed the dismissals, holding that the petitioners had no interest in the disputed minerals and could not maintain a quiet title action. The court also affirmed the award of attorney’s fees to the Schmidts in the Williams County case. However, it reversed the award of attorney’s fees to the Lindvigs in both cases and remanded for further findings on whether the Lindvigs owned mineral interests subject to the petitioners' claims. View "Nelson v. Lindvig" on Justia Law

Jason Bott and Suzanne Bott married in 2008 and have two minor children. In November 2022, Suzanne initiated a divorce action. They entered into a stipulated settlement agreement, and a judgment reflecting the terms was entered in June 2023. Jason was awarded all real estate, including the marital home and a rental property, and was required to pay Suzanne $425,000 in two installments. Shortly after the judgment, Jason asked Suzanne to alter the terms due to financial difficulties. They signed a handwritten document without their attorneys' knowledge, agreeing that Suzanne would retain the marital home and Jason would not have to make the cash payment. Suzanne later rescinded the agreement, moved out, and filed a motion for contempt against Jason for not making the first payment.The District Court of Cavalier County denied Jason's motion to amend the judgment under N.D.R.Civ.P. 60(b)(6), finding that the parties intended to cancel the agreement. The court ordered Jason to make the cash payments as originally stipulated. Jason appealed, arguing the agreement was a valid contract and Suzanne failed to prove its rescission.The North Dakota Supreme Court reviewed the case, focusing on whether the district court abused its discretion in denying Jason's motion. The court noted that Jason did not argue the original stipulation was the result of mistake, duress, menace, fraud, or undue influence, nor did he argue it was unconscionable. The court found that Jason did not demonstrate extraordinary circumstances justifying relief from the judgment. The court affirmed the district court's decision, concluding that Jason failed to show the court acted arbitrarily or unreasonably in denying his motion. View "Bott v. Bott" on Justia Law

In 2001, Terry Olson, Steffen Olson, Kevin Olson, and their parents signed a "Family Agreement" regarding ownership of land in Renville County, North Dakota. The agreement stipulated that the land, owned by the three sons as co-tenants with their parents retaining a life estate, could not be sold or transferred without unanimous consent and prohibited partition actions. Following the termination of the parents' life estates, Terry Olson and Steffen Olson sought to partition the land due to family conflicts. Terry Olson initiated a lawsuit in 2022 to partition the property by sale. Kevin Olson opposed the sale, favoring physical partition instead.The District Court of Renville County appointed a referee to determine whether the property could be physically partitioned without great prejudice. The referee concluded that physical partition would result in smaller, less marketable tracts and recommended a sale. The district court accepted the referee's report and ordered the property to be sold, subsequently confirming the sale and distributing the proceeds among the co-owners. Kevin Olson appealed, arguing that the district court erred in ordering the partition by sale and in distributing the proceeds.The Supreme Court of North Dakota reviewed the case and found that the district court had abused its discretion. The court noted that the referee's report was not properly introduced as evidence and that the district court's findings were conclusory, lacking sufficient evidence to support the determination of great prejudice. The Supreme Court emphasized that the burden of proving that physical partition would result in great prejudice lies with the party demanding the sale. Consequently, the Supreme Court reversed the district court's orders for partition by sale, the award of costs and attorney's fees, and the distribution of proceeds from the sale. View "Olson v. Olson" on Justia Law

Mitchell Sanderson filed a lawsuit against North Dakota state senator Janne Myrdal under 42 U.S.C. § 1983, claiming that Myrdal violated his First Amendment rights by blocking him on Facebook. Sanderson argued that Myrdal's Facebook page was a public forum, and he sought damages and injunctive relief. Myrdal responded that her Facebook page was not an official state website and denied Sanderson's entitlement to relief. Sanderson also filed a motion for default judgment, which the district court denied, noting that Myrdal had answered the complaint before the motion was filed.The District Court of Walsh County, Northeast Judicial District, granted summary judgment in favor of Myrdal, concluding that Sanderson's § 1983 claim failed as a matter of law. The court found no genuine issue of material fact and determined that Myrdal's Facebook page was not a public forum and her actions did not constitute state action. The court also denied Sanderson's various motions and requests for hearings, finding some of his motions frivolous and awarding Myrdal attorney’s fees for responding to them.The Supreme Court of North Dakota affirmed the district court's judgment. The court held that Myrdal's blocking of Sanderson on Facebook was not state action because her Facebook page was created and maintained in her private capacity, not as an official state communication. The court also upheld the denial of Sanderson's motion for default judgment, agreeing with the lower court's preference for resolving cases on their merits. Additionally, the court found no abuse of discretion in the district court's denial of Sanderson's requests for hearings and the award of attorney’s fees to Myrdal for responding to frivolous motions. View "Sanderson v. Myrdal" on Justia Law

Jeffrey Edison appealed an amended divorce judgment that awarded primary residential responsibility of his two children to Signe Edison. He argued that the district court was biased and erred in calculating his income and finding him underemployed for child support purposes. The case had previously been remanded by the North Dakota Supreme Court due to findings of gender bias and errors in income calculation.The district court, on remand, held a status conference and received stipulated evidence, including wage data from the U.S. Bureau of Labor Statistics. The court then issued orders reaffirming the award of primary residential responsibility to Signe Edison and finding Jeffrey Edison underemployed. Jeffrey Edison appealed again, claiming the district court maintained its bias and failed to follow the Supreme Court's instructions.The North Dakota Supreme Court reviewed the case and found no evidence of judicial bias or prejudgment by the district court. The court noted that adverse rulings alone do not indicate bias and that the district court had eliminated the improper findings related to breastfeeding. The Supreme Court affirmed the district court's award of primary residential responsibility to Signe Edison.Regarding the income calculation, the Supreme Court found that the district court had erred in subtracting self-employment losses from Jeffrey Edison's gross income and failing to include refundable tax credits. However, these errors were deemed harmless as they did not affect the outcome. The court concluded that Jeffrey Edison was underemployed regardless of the errors in income calculation and affirmed the district court's judgment. View "Edison v. Edison" on Justia Law

In 2010, Howard Malloy obtained a judgment against James Behrens related to their partnership, requiring Behrens to transfer his interest in the partnership and pay $341,890.26 plus interest. Behrens's homestead, subject to a 2006 mortgage, was sold at an execution sale. Behrens appealed the sale confirmation, and in a prior decision, the court reversed and remanded due to procedural errors. Upon remand, the district court issued new executions, leading to a levy on Behrens's homestead. The property was appraised and sold at auction to Malloy for $759,004.65. The court applied a $100,000 homestead exemption, deducted sale costs, allocated $118,866.27 to the mortgage, and applied the remaining proceeds to the judgment.The District Court of Morton County initially confirmed the sale, but Behrens appealed, arguing errors in the sheriff's compliance with execution laws, the application of the homestead exemption, and the allocation of sale proceeds. The court found the sheriff complied with the law requiring personal property to be used before real property. However, it erred by applying a $100,000 homestead exemption instead of the $150,000 exemption effective at the time of the sale and by allocating proceeds to the mortgage rather than the judgment.The North Dakota Supreme Court affirmed the district court's finding that the sheriff complied with execution requirements but reversed the application of the outdated homestead exemption and the allocation of sale proceeds to the mortgage. The court held that the $150,000 homestead exemption should apply and that sale proceeds should satisfy the judgment before addressing the mortgage. The case was remanded for proceedings consistent with these holdings. View "Malloy v. Behrens" on Justia Law