Justia Civil Procedure Opinion Summaries

Mark Rath appeals from a disorderly conduct restraining order directing him to have no contact with Kayla Jones for one year. In 2013, Rath and Jones divorced. Together they had two children. In July 2022, Jones filed a petition for a disorderly conduct restraining order after Rath sent numerous e-mails to Jones, her attorney, and her employer during a short period of time. A temporary restraining order was issued. In August 2022, a hearing was held and the district court granted a disorderly conduct restraining order against Rath. Rath argued the court abused its discretion by not holding a hearing within fourteen days of issuing the temporary restraining order. He argued the court abused its discretion by granting a restraining order even though Jones’s petition did not comply with N.D.C.C. § 12.1-31.2-01(3). He also argued the court abused its discretion by issuing the disorderly conduct restraining order without sufficient findings. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Jones v. Rath" on Justia Law

Defendants appealed a judgment and order denying their motion for a new trial after a jury found in favor of plaintiffs on their claims of breach of contract, conversion, deceit, defamation, and unlawful interference with business. The district court quieted title in plaintiff Seven Star Holdings. Defendants argued: (1) the court erred by failing to decide whether a joint venture existed and in quieting title; (2) there was insufficient evidence supporting the jury verdict on the claims of breach of contract, conversion, defamation, and unlawful interference with business; and (3) the verdict violated the law of comparative fault. After review, the North Dakota Supreme Court affirmed, concluding defendants waived their arguments on joint venture, quiet title, breach of contract, and comparative fault; and the court did not abuse its discretion in determining the verdict was not manifestly against the weight of the evidence and rejecting the defendants’ new trial motion. View "Kluver, et al. v. SGJ Holdings, et al." on Justia Law

Mark Rath appealed an order denying his motion to modify child support. He argued the district court erred when it applied the North Dakota Supreme Court’s vexatious litigant pre-filing order, when it allowed the State to file a response to his motion after the deadline, and when it denied his motion without a hearing. Finding no reversible error, the Supreme Court affirmed the district court. View "Rath v. Rath, et al." on Justia Law

Michael Brockmeyer appealed a district court order denying his motion to modify his joint residential responsibility to primary residential responsibility. He argued the district court erred: (1) as a matter of law by finding best interest factors a, b, d, f, g, and k favored neither party; (2) by applying the endangerment standard of N.D.C.C. § 14-09-06.6 after the parties waived that provision in their stipulated divorce agreement; (3) by declining to modify residential responsibility because of facts unknown to the court at the time the court entered the original divorce judgment based on their stipulated agreement; and (4) by allowing various witnesses to assert their Fifth Amendment privilege against self-incrimination at trial. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Brockmeyer v. Brockmeyer, et al." on Justia Law

4201 2nd Ave. W., LLC, d.b.a. Safari Fuels 105 (“4201”) appealed a district court’s judgment finding First State Bank & Trust, formerly First National Bank & Trust Company (“the bank”), held a valid and enforceable security interest in a liquor license and other collateral. In 2015, the bank loaned approximately $4.34 million to Racers Store 102, LLC (“Racers”) under a promissory note for its operation of a convenience store. As security for the loan, Racers signed the bank a leasehold mortgage, security agreement, and fixture filing against real and personal property including a liquor license, coffee kiosk, walk-in freezer, and Kohler generator, among other collateral. In 2016, Racers defaulted on its loan, and the bank commenced a foreclosure action. During foreclosure proceedings, the bank took control of the convenience store and contracted with 4201 to operate the store while the foreclosure action was pending. Racers transferred its rights, titles, and interests in the ground lease and assets of the store to 4201; 4201 entered into a forbearance agreement with the bank. The parties subsequently discovered the liquor license could not be transferred until delinquent property taxes were paid. The bank and 4201 executed an addendum to the forbearance agreement agreeing to pay equal shares of the property taxes whereby the liquor license would become an asset of 4201 subject to the existing lien held by the bank. The parties also entered into a personal property pledge in which 4201 pledged to give the bank a continuing first-priority interest in the liquor license, 4201 agreed not to sell, assign, or transfer the license, and 4201 agreed to reimburse the bank for costs associated with defending its interest in the license. In 2021, the bank decided to cease operations of the store and offered to sell the liquor license to 4201. 4201 commenced legal action seeking a declaratory judgment that the bank no longer held a valid and enforceable lien on the liquor license, coffee kiosk, walk-in freezer, and Kohler generator. Following a bench trial, the district court determined the bank held a valid and enforceable security interest in the liquor license and other collateral. The court dismissed the bank’s counterclaim. Finding no reversible error in the district court's judgment, the North Dakota Supreme Court affirmed. View "4201 2nd Ave W v. First State Bank & Trust, et al." on Justia Law

Plaintiffs William Kainz and GeoChemicals, LLC appealed a district court’s order granting Jacam Chemical Co. 2013, LLC’s motion to abate and an order and judgment awarding attorney’s fees to Jacam. Plaintiffs argued the district court erred by abating the action and by awarding attorney’s fees. The North Dakota Supreme Court concluded the district court misapplied the law in granting the motion to abate and abused its discretion by awarding attorney’s fees. Accordingly, judgment was reversed and the case remanded for further proceedings. View "Kainz, et al. v. Jacam Chemical Co. 2013" on Justia Law

Karena and Keith Jensen (“Jensens”), as foster parents to A.P., appealed a juvenile court’s order denying their motion to modify and order approving a transition plan. Because the Jensens were not “aggrieved parties” under N.D.C.C. § 27-20.2-26(1), the North Dakota Supreme Court dismissed the appeal. View "Interest of A.P." on Justia Law

Olympic Financial Group, Inc., (“Olympic Financial”) and Abdulaziz Sugule appealed a judgment dismissing their declaratory judgment action without prejudice after the district court granted the Department of Financial Institutions’ (“Department”) motion to dismiss. The North Dakota Supreme Court concluded the district court lacked subject matter jurisdiction because Appellants failed to exhaust administrative remedies. Because the Supreme Court further concluded the judgment dismissing the declaratory relief action without prejudice was not appealable, the Court dismissed the appeal. View "Olympic Financial Group, et al. v. ND Dept. of Financial Institutions" on Justia Law

Jim Arthaud appeals a district court judgment granting Jim Fuglie’s motion to dismiss. Arthaud sued Fuglie, alleging Fuglie published a defamatory statement in his internet blog titled “A Bridge to Nowhere.” The blog was published in August 2018 on Fuglie’s website, “The Prairie Blog.” Arthaud brought suit on October 5, 2021, asserting he did not learn about the post until September 2021. Fuglie responded and filed a motion to dismiss, arguing Arthaud’s claim was time barred under the applicable statute of limitations. The district court subsequently granted the motion to dismiss, finding Arthaud’s claims were time barred under section 28-01-18(1) of the North Dakota Century Code regardless of whether the discovery rule applied in defamation cases. Arthaud argued the North Dakota Supreme Court should adopt the “discovery rule” when determining whether a litigant has timely brought a defamation claim. The Supreme Court held it was unnecessary to decide whether to adopt the discovery rule for defamation claims because the Uniform Single Publication Act precluded the discovery rule from applying to statements made to the public. View "Arthaud v. Fuglie" on Justia Law

Transform Operating Stores, LLC d/b/a Transformco Operating Stores LLC; Transform SR Brands LLC d/b/a Transformco d/b/a Kmart; and Transform KM LLC (collectively, “Transform”) appealed after a North Dakota district court entered an order awarding damages to Ted J. Boutrous, L.L.C. and The Boutrous Group, LLP and entered a [second] amended judgment of eviction. The North Dakota Supreme Court concluded the district court did not err finding a material breach of the lease and in exercising jurisdiction as a summary eviction. "While the court abused its discretion in bifurcating the eviction action, that error was harmless." The Court further concluded Transform failed to timely appeal the court’s contempt order for the untimely turnover of the property. View "Boutrous, et al. v. Transform Operating Stores, et al." on Justia Law