Smithberg v. Jacobson, et al.
Annotate this CaseRonald Smithberg petitioned the North Dakota Supreme Court for a supervisory writ following the district court’s denial of his demand for a jury trial. Ronald, Gary, and James Smithberg were brothers who were shareholders in Smithberg Brothers, Inc. In July 2016, Ronald filed a “complaint and jury demand,” suing Gary, James and Smithberg Brothers, Inc., seeking damages and to have the corporation and his brothers purchase his shares. After a jury trial was scheduled for October 1, 2018, the parties stipulated to “waive their right to a jury trial and to schedule a court trial.” The stipulation also stated “the Court should schedule a three-day Court trial for February 2018, or as soon as possible thereafter.” In January 2018, the district court granted summary judgment dismissing all of Ronald’s claims for damages. After a bench trial was held on several remaining claims, the court determined the value of Ronald’s interest in the corporation, ordered the corporation to pay Ronald for his interest, and entered judgment. Ronald appealed, and the Supreme Court reversed judgment and remanded for a trial, holding the district court erred by granting summary judgment dismissing Ronald’s claims for damages On remand, Ronald requested a jury trial and defendants opposed his request. The district court ordered a bench trial, noting the stipulation to waive the jury trial did not state that it was contingent on any circumstance. Ronald argued the Supreme Court should exercise its supervisory jurisdiction to rectify the district court’s error of denying his request for a jury trial and to prevent an injustice. The Supreme Court concluded that when a case is reversed and remanded for a trial without limitation, a party who stipulated to waive the right to a jury trial before the original trial may demand a jury trial on remand, unless the parties intended their stipulation to apply to any future trials or the right is otherwise limited by law. Ronald had a right to a jury trial on remand. The district court erred by deciding it had discretion in determining whether to order a jury trial on remand and by denying Ronald’s request. The Court granted Ronald’s petition for a supervisory writ and instructed the district court to schedule a jury trial. Ronald also asked the Supreme Court to remand this case to a different judge, but did not explain why a different judge should have been assigned. “To the extent he is asserting judicial impropriety based on the judge’s misapplication of the law, we have stated that ‘[a]n erroneous opinion as to the merits of the case or the law relating to the proceedings is not evidence of bias.’”
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