Sollin, et al. v. KleinAnnotate this Case
Dale Klein appealed a disorderly conduct restraining order directing he have no contact with Richard and Linda Sollin (collectively “the Sollins”) until July 8, 2021. Klein argued he was not provided adequate service or proper notice of the petition for disorderly conduct against him. Klein also argued he was denied a full hearing because the district court granted the Sollins’ joint petition after hearing the testimony of only one of the two petitioners. Both parties petitioned for a restraining order against the other. The trial court record reflected that Klein represented himself at the hearing, and he did not object to the district court’s intent to consider the Sollins’ petition nor did he request a continuance. The court received testimony from Linda Sollin. During her testimony, Linda Sollin described her association with Klein and his family, recounted prior incidents involving Klein, and described her observations of the events that lead to the restraining order petition. Klein subsequently cross-examined Linda Sollin. Richard Sollin did not testify at the hearing. After hearing witness testimony, the district court found there were reasonable grounds to support both petitions and granted both restraining orders. Klein appealed the order issued against him. The North Dakota Supreme Court concluded Klein waived personal jurisdiction and unfair surprise claims by appearing at the hearing and failing to object or request a continuance. Furthermore, the Court concluded the district court did not err by granting the disorderly conduct restraining order after receiving testimony from one, but not both, of the Sollins. The Court affirmed the district court as to all other issues.