Legal Opinion · Dissent

Burgard v. Burgard

North Dakota Supreme Court

Decided February 26, 2013No. 20120285Published

1DissentSandstrom, Justice

[¶ 28] I respectfully dissent.

[¶ 29] This is a troubling case.

[¶ 30] The father, Dammon Burgard, had been actively participating in court-ordered mediation. The mother, Kira Burgard, was represented by counsel. The father, who was self-represented, had moved for and been granted additional time to file an answer. Although a settlement agreement resolving all issues had been signed by both parties, the mother “voided” the settlement agreement. Though she may have had good reason to do so, it is undisputed that the last of the three mediation sessions was on April 3, leaving the father only…

2Cases cited6 opinions

  1. State Ex Rel. North Dakota Department of Labor for the Benefit of Fair Housing of the Dakotas v. RiemersNorth Dakota Supreme Court · 2008
  2. Flemming v. FlemmingNorth Dakota Supreme Court · 2010
  3. Flemming v. FlemmingNorth Dakota Supreme Court · 2010
  4. Reimers Seed Co. v. StedmanNorth Dakota Court of Appeals · 1991
  5. Raymond J. German, Ltd. v. BrossartNorth Dakota Supreme Court · 2012

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