Eckroth v. Eckroth

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
APRIL 28, 2022
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2022 ND 88Kelsie R. Eckroth, Plaintiff and Appellee
v.
Nathaniel Eckroth, Defendant and Appellant
and
State of North Dakota, Statutory Real Party in Interest
No. 20220007
Appeal from the District Court of Morton County, South Central Judicial
District, the Honorable Cynthia M. Feland, Judge.
AFFIRMED.
Per Curiam.
Erin L. Melling, Hettinger, ND, for plaintiff and appellee; submitted on brief.
Laura C. Ringsak, Bismarck, ND, for defendant and appellant; submitted on
brief.
Eckroth v. Eckroth
No. 20220007
Per Curiam.
[¶1] Nathaniel Eckroth appealed from an order denying his motion to modify
primary residential responsibility of the child he has with Kelsie Eckroth and
an order denying what he entitled a “motion for reconsideration,” but which
was in fact a motion for relief under N.D.R.Civ.P. 60(b). Nathaniel Eckroth
argues the district court erred in concluding he failed to establish a prima facie
case justifying a modification and the court abused its discretion by denying
his motion for relief. We conclude the record is insufficient to establish a prima
facie case that there has been a material change in circumstances and that
modification is necessary to serve the child’s best interests. See Johnshoy v.
Johnshoy, 2021 ND 108, 961 N.W.2d 282 (holding party moving for
modification of residential responsibility must show that there has been a
material change in circumstances and that modification is in the child’s best
interests to establish a prima facie case, and it requires more than showing
improvement in the moving party’s situation). We also conclude the court did
not abuse its discretion by denying the motion for relief. We summarily affirm
under N.D.R.App.P. 35.1(a)(4) and (7).
[¶2] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
1