Smith v. EricksonAnnotate this Case
Eric Smith appealed district court orders and judgment related to child custody, dismissal of motions for contempt and the court finding him a vexatious litigant. In November 2015, Smith commenced an action to determine primary residential responsibility, decision-making authority and child support. The first judgment was entered on January 8, 2016. Smith has represented himself since the district court entered the initial order. From January 2016 to date, over four-hundred docket entries appeared, including seven motions for contempt by Smith against Emily Erickson or her attorney, two requests for review by the district court, and several letters and communications from Smith to the referees or judges assigned to the matter. On January 5, 2018, a referee issued findings of fact, conclusions of law and an order for amended judgment granting Erickson primary residential responsibility and decisionmaking authority over the child. Smith requested review by a district court judge. On February 28, 2018, the district court found Smith in contempt for nonpayment of child support and issued an order with amended findings. On March 29, 2018, Smith filed a notice of appeal from the “final judgment issued on March 16, 2018.” No orders or judgments exist for that date. On April 23, 2018, the district court issued an order finding Smith a vexatious litigant and prohibiting him from filing new documents in the case without leave of court. Smith filed three additional notices of appeal, in total citing to seven separate orders and judgments. Smith submitted a one-page brief in support of the multiple notices of appeal. Smith did not file transcripts. The North Dakota Supreme Court held oral argument on November 21, 2018, and Smith did not appear. The Supreme Court affirmed the district court’s orders and judgment regarding parenting responsibility, contempt and finding Smith a vexatious litigant.