Iakel-Garcia v . Anderson , 2021 ND 210 . Filed 11-26-2021 .
Anderson appealed a judgment awarding Iakel-Garcia primary residential responsibility and sole decision-making authority of the parties ’ minor child and distributing the parties ’ marital estate . Anderson argued the district court erred by considering his criminal convictions and failed to divide the property equitably between them . The Supreme Court affirmed the district court ’ s decision awarding primary residential responsibility and sole decisionmaking authority to Iakel-Garcia but reversed the district court ’ s judgment distributing the marital estate , remanding for further proceedings .
In reversing the district court ’ s decision dividing the marital property , the Supreme Court held the court did not determine the total value of the marital estate distributing the property and debts between the parties as required by N . D . C . C . 14-05-24 ( 1 ) and the Ruff-Fischer guidelines . The district court ’ s judgment did not reference the Ruff-Fischer guidelines and did not list any value of the parties ’ assets . As a result , the Supreme Court held they were unable to determine whether the district court equitably distributed the marital estate . The case was reversed and remanded to the district court for further proceedings on the distribution of the marital estate . petition seeking a determination of trust beneficiaries and approval of asset distribution . The trustee served the documents via email on an attorney representing an interested party who was a minor in a separate probate action . The minor child then filed an objection to the proceedings on August 8 , 2019 , claiming the district court lacked jurisdiction . At a September 4 , 2019 , hearing , which was attended by the attorney for the minor child , the district court directed the trustee to personally serve the minor . On September 30 , 2019 , the trustee served the minor ’ s guardian . On October 2 , 2019 , the minor child filed a demand of change of judge , which the presiding judge of the district denied as untimely .
Thereafter , the district court entered an order determining beneficiaries and approving distribution . The minor child appealed . The Supreme Court held the district court had jurisdiction over the minor child as of September 30 , 2019 , when the guardian was properly served . However , the Supreme Court held the district court erred in denying the demand for change of judge , as the demand was made within 10 days of the district court obtaining jurisdiction over the minor child and the Supreme Court remanded for proceedings anew on the merits of the petition in front of a new judge .
Chase v . State , 2021 ND 206 . Filed 11-17-2021 .
In a split opinion , the Supreme Court reversed and remanded a district court order summarily denying a petition for post-conviction relief . The majority opinion adopted the dissent in Delvo v . State . In Delvo , the Court held the state was permitted to move for summary dismissal in its answer and that by so doing , the state was putting the post-conviction relief petitioner to his or her proof . In response , the petitioner was required to supplement the petition with evidence to show a genuine issue of material fact . If the petitioner failed to do so , the district court was permitted to grant summary disposition . In Chase , the majority overruled Delvo , holding the district court may not order summary disposition in response to a request in a pleading , including the state ’ s answer to a post-conviction relief petition . Instead , the state is required to file a motion for summary disposition , with notice to the petitioner and consistent with the Civil Procedure rules for motion practice . Justice VandeWalle ’ s dissent argued the majority ’ s procedure was placing form over substance , by requiring the state to file a separate motion , rather than including the motion language in the state ’ s answer . Justice McEvers ’ dissent argued any error committed by the procedure was either waived or harmless .
In the Matter of the Michael J . Tharaldson Irrevocable Trust II , 2021 ND 203 . Filed 11-17-2021 .
The Supreme Court reversed a district court ’ s order determining beneficiaries and approving distribution because the district court erred in denying a demand for change of judge . The trustee filed a
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