Matter of Rose Henderson Peterson Mineral Trust

Citations

• 979 N.W.2d 928
• 2022 ND 170

Syllabus

Satisfaction of an independent undisputed portion of a judgment does not operate as a full waiver of the right to appeal. Res judicata and the law of the case doctrine do not bar litigation of the same type of claim based on different facts. Under N.D.C.C. § 58-18-08, a trustee may not be exculpated for breaches of trust committed in bad faith or with reckless indifference to the purposes of the trust. Absent the requisite findings and analysis, review of a district court decision is not possible and remand is appropriate.