Rocket Dogs K-9 Aquatics & Wellness Center v. Derheim

Citations

• 991 N.W.2d 53
• 2023 ND 103

Syllabus

An attorney may not compromise a client's claims in the absence of express authority, and an attorney may not waive a client's substantial rights without the client's consent. Whether an attorney has been given express authority to settle a claim normally presents a question of fact. The trial court may take one of three possible avenues to decide a motion to enforce a settlement agreement: (1) hold an evidentiary hearing on the motion to determine disputed facts and then enter judgment after taking evidence to prove the agreement and any defenses that the nonmoving party may proffer, (2) dispose of the motion on the pleadings, or (3) treat the motion as akin to one for summary judgment. Whether a party is entitled to a jury trial depends on whether the case is an action at law or a claim in equity. Historically, specific performance has been an equitable remedy, and no jury trial is available on such claims. When conflicting testimony is presented, our ability to examine a cold record is a poor substitute for the fact finder's opportunity to observe the demeanor of the witnesses.