Justia Civil Procedure Opinion Summaries

A.S. appealed a juvenile court's judgment and order terminating her parental rights to her child, A.S.F. A.S. was appointed counsel when the State petitioned for involuntary termination of her parental rights. The trial court allowed A.S.’s counsel to withdraw after A.S. expressed dissatisfaction with her counsel. The termination hearing was continued and new counsel was appointed. One day before the rescheduled hearing, A.S.’s second counsel moved to withdraw. The judge heard the motion at the termination hearing. There, counsel stated a material breakdown in the attorney-client relationship had occurred. The court granted counsel’s motion on the basis of the treatment A.S. showed to her counsel and the unwillingness of A.S. to work with any attorney the court appointed. The judge found A.S.’s actions to be a voluntary waiver of her right to counsel. Counsel was allowed to leave the courtroom. The hearing proceeded with A.S. without counsel. The juvenile court entered an order terminating parental rights on June 10, 2021. A.S. appealed to the North Dakota Supreme Court 61 days after the initial June 10 order terminating her parental rights was entered. A.S. argues her right to counsel was violated after the court granted her second attorney’s motion to withdraw, leaving A.S. to represent herself at the termination hearing and without advice regarding the process and deadline for appeal. The Supreme Court determined it lacked jurisdiction even to consider a claim that a party failed to timely appeal as a result of a denial of the party’s right to counsel. "We are without jurisdiction to hear A.S.’s waiver of her right to counsel argument because her appeal was untimely." View "Interest of A.S.F." on Justia Law

Tonya Kerzmann appealed a district court’s denial of her request for an evidentiary hearing on her motion for a change in primary residential responsibility. After review, the North Dakota Supreme Court concluded Kerzmann pled a prima facie case supporting her motion for modification of primary residential responsibility. Therefore, the Court reversed the district court’s order and remanded for further proceedings. View "Kerzmann v. Kerzmann" on Justia Law

Plaintiffs Galvanizers, Inc., and K and K Construction and Repair, Inc., appealed the dismissal of their action against Paul Kautzman seeking to quiet title to real property. Plaintiffs argued the district court erred in dismissing their quiet title action and failed to make sufficient findings to understand the evidentiary and theoretical basis for its decision. After review of the trial court record, the North Dakota Supreme Court affirmed, concluding the court’s findings were sufficient to support its decision dismissing plaintiffs’ complaint. View "Galvanizers, et al. v. Kautzman, et al." on Justia Law

Phillip Armstrong appealed a judgment adjudicating ownership of interests in an oil and gas lease and the parties’ claims to revenue proceeds from production on those interests. Continental Resources operated wells located on lands covered by the lease. When Continental learned of competing claims to the leasehold interests in question, it began holding production royalties in suspense and recouping amounts it had paid on the wells. Continental sued Armstrong alleging it had overpaid him. Continental later amended its complaint to add the other defendants and request interpleader relief. Continental requested the district court determine ownership of the interests and the amount of revenue proceeds to which each defendant was entitled on production from wells the parties referred to as the Hartman Wells. The defendants filed various crossclaims and counterclaims. The North Dakota Supreme Court affirmed the judgment to the extent it determined ownership of the disputed interests and dismissed Armstrong’s claims against Continental Resources. The Court reversed and vacated the judgment to the extent it ordered Armstrong to pay Citation 2002 Investment Limited Partnership restitution for unjust enrichment. View "Continental Resources v. Armstrong, et al." on Justia Law

Continental Resources, Inc. (“Continental”) appeals from a district court amended order denying its motion to intervene in this proceeding. P&P Industries, LLC I (“P&P”), a foreign limited liability company, initially obtained a certificate of authority to transact business in North Dakota as a foreign limited liability company in December 2012. Richard Manning was the managing member of the LLC. In 2015, the North Dakota Secretary of State revoked the certificate of authority of P&P as a result of P&P’s failure to file its annual report. In 2020, Manning (represented by counsel) petitioned for reinstatement. The Secretary of State admitted service of the petition, waived the right to any further notice, and consented to the immediate reinstatement of P&P. After reviewing the petition and exhibits, the court entered an order for reinstatement. In May 2020, Continental moved the district court to intervene in this matter and to vacate the reinstatement order. Continental sought to intervene as a matter of right and asserted the district court’s reinstatement order was void. Continental asserted Manning filed the petition to defeat its motion to dismiss P&P’s counterclaims in a pending matter on remand in Williams County district court. After an October 2020 hearing, the district court entered an order denying Continental’s amended motion to intervene and refusing to consider its request to vacate the order for reinstatement. In its order denying intervention, the court held Continental’s claimed interest in this proceeding derived from the motion to dismiss it filed in the separate pending lawsuit. The court rejected Continental’s argument that it had a right to intervene in this proceeding merely because the court’s prior reinstatement order affected an argument Continental was asserting in the separate action. The court concluded this was not a legally protectable interest in the appeal for reinstatement. The North Dakota Supreme Court concluded We conclude the district court did not err in denying Continental’s amended motion to intervene. Furthermore, the Court declined Continental’s request for it to exercise its supervisory authority to direct the district court to vacate its prior order for reinstatement. View "Manning v. Jaeger, et al." on Justia Law

Steve and Russell Hartman, as personal representatives of the estate of Ray Hartman (the “Estate”), appealed an amended judgment entered after a bench trial. The Estate argued Ray lacked the capacity to contract, no valid contract for the sale of his farmstead and farmland existed, Trent Grager owed rent for the 2017 farming season, and Ray did not gift a tractor to Grager. Grager cross-appealed, arguing he was entitled to compensation for the Estate’s wrongful occupation of the farm. The North Dakota Supreme Court affirmed in part, concluding the district court did not err in finding Ray was capable of contracting, the 2016 agreement was a valid contract for the sale of the farmstead and farmland, Grager had no obligation to pay rent in 2017, and the tractor was gifted. The Supreme Court reversed in part, concluding the 2017 document did not supplement or alter the terms of the 2016 agreement, and Grager was entitled to compensation for the Estate’s wrongful occupation of the farm. The case was remanded for the court to determine Grager’s damages for the Estate’s wrongful occupation. View "Hartman, et al. v. Grager" on Justia Law

Rebecca Benjamin appealed an order denying her motions for interim relief and to modify primary residential responsibility. The North Dakota Supreme Court affirmed, concluding the district court did not err in determining Benjamin had not established a prima facie case warranting an evidentiary hearing. View "Klundt v. Benjamin" on Justia Law

Michael and Mindy Zepeda appealed a district court judgment dismissing their claims for failure to prosecute and the denial of their post-judgment request to alter or amend the judgment. On November 25, 2013, Michael and Mindy Zepeda commenced a personal injury action against Adam and Mason Cool by service of summons and complaint. The personal injury action arose from a December 2011 assault by the Cools on Michael Zepeda resulting in Michael Zepeda sustaining injuries. Over six years later, on January 7, 2020, the Zepedas filed the summons and complaint. On July 17, 2020, the Zepedas filed a motion for reconsideration arguing the district court erred in dismissing the action because they appropriately pursued their claim under the circumstances. The court denied the motion as lacking merit after determining the request for relief under N.D.R.Civ.P. 59(j) was untimely and there was no other sufficient basis to warrant reconsideration. The North Dakota Supreme Court affirmed the judgment, concluding the court did not abuse its discretion in dismissing the Zepedas’ claims for failure to prosecute. View "Zepeda, et al. v. Cool, et al." on Justia Law

Lorne Jay appealed a district court judgment ordering Jay pay Lawrence Lavallie $946,421.76. Lavallie commenced this personal injury action after he was involved in a motor vehicle accident with Jay and Michael Charette. In Lavallie v. Jay, 945 N.W.2d 288, the North Dakota Surpeme Court retained its jurisdiction while remanding the case back to the district court for further determination on subject matter jurisdiction. Relying on the findings of the district court, the Supreme Court reversed and remanded with directions to vacate the judgment and to dismiss the case for lack of subject matter jurisdiction. View "Lavallie v. Jay, et al." on Justia Law

In August 2017, the City of West Fargo passed a resolution determining it was necessary to construct a sewer improvement project. The project consisted of the design and installation of two sewer pipes between West Fargo and Fargo. To complete the project, West Fargo had to acquire a right of way across certain private property, including Mark McAllister’s. McAllister appealed a judgment allowing the City of West Fargo to use its quick-take eminent domain power to acquire a right of way across his property. Because the North Dakota Supreme Court concluded the district court inappropriately granted the N.D.R.Civ.P. 54(b) order certifying the judgment as final, it dismissed the appeal. View "City of West Fargo v. McAllister, et al." on Justia Law