Jordet v. Jordet
2015 ND 76
| N.D. | 2015Background
- Bradley and Tracy Jordet divorced in 2010; Bradley awarded primary residential responsibility and Tracy ordered to pay child support and rehabilitative spousal support.
- Both parties accrued arrearages in child and spousal support; Bradley sought a money judgment for past due child support and offset spousal against child support.
- Tracy obtained a money judgment against Bradley for spousal support arrearages and opposed Bradley’s setoff motion; district court denied the setoff.
- February 2012: Bradley obtained execution against Tracy directing levy on her personal assets; March 2012: Bradley, with counsel and a deputy sheriff, delivered a full spousal-support payment to Brazil Law Office; the sheriff levied on the payment.
- Tracy sought emergency hearing; Brazil Law Office and Tracy obtained summary judgment dismissing Bradley’s abuse of process and conversion claims; on appeal, this Court affirmed in part and reversed in part, remanding for conversion proceedings.
- Bradley subsequently alleged abuse of process and conversion in a separate suit; the district court granted summary judgment against those claims, which this Court partially reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the abuse of process claim survives summary judgment | Jordet argues misuse of garnishment for ulterior purpose | Jordet contends garnishment lawful under orders; no improper purpose | Abuse of process claim affirmed as dismissed |
| Whether there are genuine issues on conversion | Jordet asserts wrongful deprivation of property via garnishment | Law Office acted under valid orders; no conversion | Issue of material fact exists; conversion claim reversed and remanded |
Key Cases Cited
- Buri v. Ramsey, 2005 ND 65 (N.D. 2005) (conversion requires wrongful detention or control of owner’s property)
- Hale v. Ward Cnty., 2014 ND 126 (N.D. 2014) (summary judgment standard and de novo review on appeal)
- Jordet v. Jordet, 2012 ND 231, 823 N.W.2d 512 (N.D. 2012) (equitable offset, contempt ruling; actions using execution and levy discussed)
- Stoner v. Nash Finch, Inc., 446 N.W.2d 747 (N.D. 1989) (abuse of process elements and ulterior purpose focus)
- McColl Farms, LLC v. Pflaum, 2013 ND 169, 837 N.W.2d 359 (N.D. 2013) (summary judgment evidentiary burden and presumed absence of evidence)