George v. Veeder
2012 ND 186
| N.D. | 2012Background
- Michiel Nuveen and Elizabeth Nuveen married in 1991; divorce filed in 2007; amended judgment in 2010 resolved financial issues.
- Amended judgment required Michiel to pay Elizabeth a $513,800 cash property settlement with specified payment schedule and interest.
- In 2010 and 2011 Michiel tendered payments only on terms conditioning full satisfaction of the judgment; Elizabeth rejected those conditional offers.
- On May 13, 2011 Elizabeth filed an order to show cause for contempt due to failure to pay the settlement as ordered.
- June 23, 2011 Michiel tendered $507,500 plus $5,500 credit, which Elizabeth accepted, but she claimed $800 principal and over $36,000 interest remained.
- District court found contempt for failure to comply, partially purged by the $513,000 payment, and ordered $37,352.71 due within 60 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether contempt was proper for failure to pay as ordered | Nuveen asserts contempt due to nonpayment under the amended judgment. | Nuveen contends payment was tendered or justified by settlements. | Contempt upheld; district court did not abuse discretion. |
| Whether purported tenders in 2010 and 2011 satisfied the judgment | Tendered amounts should satisfy the full judgment. | Tenders were conditional and not full satisfaction. | Tenders not valid; did not constitute proper payment. |
| Whether the appeal was timely and properly before the court | Timely appeal despite an initial delay. | Appeal untimely unless extended; district court did extend. | Appeal properly before the court; extension granted not to be reversed. |
| What standard governs review of contempt determinations | Contempt findings should be reviewed for abuse of discretion. | Lower court correctly exercised discretion in contempt ruling. | Very limited review; no abuse of discretion found. |
Key Cases Cited
- Holkesvig v. Welte, 2012 ND 14 (ND 2012) (contempt standards and review)
- Sall v. Sall, 2011 ND 202 (ND 2011) (district court discretion in contempt; limited appellate review)
- Glasser v. Glasser, 2006 ND 238 (ND 2006) (contempt review standard)
- Prchal v. Prchal, 2011 ND 62 (ND 2011) (contumacy and discretion in contempt rulings)
- Midwest Fed. Sav. & Loan Ass’n of Minot v. Kouba, 335 N.W.2d 780 (ND 1983) (tender of payment requirements)
- Leftbear v. State, 2007 ND 14 (ND 2007) (audience for excusable neglect extension decisions)
- Redfield v. Bitterman, 2000 ND 217 (ND 2000) (extension of time for filing appeals)