Opinions

Zavanna v. Gadeco, et al. 2023 ND 142
Docket No.: 20220265
Filing Date: 8/2/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: The plaintiff bears the burden of proof on its quiet title claim. Where the plaintiff owns a top lease and the defendant owns a bottom lease covering the same oil and gas leasehold interest, the plaintiff bears the burden to prove the bottom lease terminated by its own terms. If the bottom lease contains a cessation of production clause, the plaintiff must prove production ceased for the specified period.

Oil and gas leases are interpreted in the same manner as other contracts. When left undefined, “production” in a savings clause means production in paying quantities, which generally requires a court to consider whether the well yielded a profit over operating costs over a reasonable period of time. As a matter of law, a de minimis amount of production does not equate to production in paying quantities. Where profitability of the well is not at issue so as to affect when production in paying quantities ceased, cessation commences on the first day of no production and ends on the last day of no production. If a total cessation of production exceeds the time period established in the lease’s cessation of production clause, the lease terminates unless it provides conditions preventing termination. In this case, a total cessation of production, including de minimis amounts, triggered the cessation of production clause requiring the well operator to timely commence reworking operations.

Reworking operations must be intimately connected with resolving the physical difficulty that caused the well to cease production, and the well operator must exercise due diligence and make a bona fide effort to restore production as soon as possible. Minimal preparatory steps, such as diagnosing the failure and ordering parts, do not constitute commencement of reworking operations.

An express force majeure clause in a contract must be accompanied by proof that the failure to perform was proximately caused by a contingency and that, in spite of skill, diligence, and good faith on the promisor’s part, performance remains impossible or unreasonably expensive. The party relying on a force majeure clause to excuse performance bears the burden of proving that the event was beyond its control and without its fault or negligence. The party relying on the force majeure clause must show its performance was actually hindered or prevented by the force majeure event, not just potentially or hypothetically hindered or prevented.

Zavanna v. Gadeco, et al. 2023 ND 142
Docket No.: 20220265
Filing Date: 8/2/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Edison v. Edison 2023 ND 141
Docket No.: 20220290
Filing Date: 8/2/2023
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: North Dakota law forbids sex bias in custody determinations. Between the mother and father, whether married or unmarried, there is no presumption as to which parent will better promote the best interests and welfare of the child.

An obligor is underemployed if the obligor’s gross income from earnings is significantly less than this state’s statewide average earnings for persons with similar work history and occupational qualifications.

Edison v. Edison 2023 ND 141
Docket No.: 20220290
Filing Date: 8/2/2023
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Legacie-Lowe v. Lowe 2023 ND 140
Docket No.: 20220314
Filing Date: 5/9/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: The district court’s findings are inadequate to understand the basis for the decision.

The Court retains jurisdiction and remands for the district court to make specific findings of fact on whether there was infliction of fear of imminent domestic violence.

Adoption of B.T.H. (CONFIDENTIAL) 2023 ND 139
Docket No.: 20230178
Filing Date: 7/19/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Order and decree terminating parental rights to a minor child and granting a petition for adoption summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Bullinger v. Sundog Interactive, et al. 2023 ND 138
Docket No.: 20230007
Filing Date: 7/19/2023
Case Type: Appeal - Civil - Corporations
Author: Jensen, Jon J.

Highlight: A district court must make adequate findings under N.D.R.Civ.P. 52(a)(1) to understand the basis for its decision.

Interest of B.R. (CONFIDENTIAL) (consolidated w/20230187) 2023 ND 137
Docket No.: 20230186
Filing Date: 7/19/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Orders terminating parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Redpaint v. State 2023 ND 136
Docket No.: 20230042
Filing Date: 7/19/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: Postconviction relief is governed by statute, and its proceedings are civil in nature and governed by the North Dakota Rules of Civil Procedure.

An application for postconviction relief must be filed within two years after the conviction becomes final unless there is newly discovered evidence, delay due to physical disability or mental disease, or newly interpreted law retroactively applicable.

Interest of G.R.D. 2023 ND 135
Docket No.: 20230023
Filing Date: 7/19/2023
Case Type: Appeal - Criminal - Juvenile Law
Author: Crothers, Daniel John

Highlight: A juvenile court’s order placing a child into the custody of the Division of Juvenile Services will not be reversed unless the court’s findings were clearly erroneous.