Verdict . News

•Supreme Court summarily affirmed eviction judgment due to inadequate appellate briefing

North Dakota Supreme Court Affirms Eviction Despite Property Claims

The North Dakota Supreme Court summarily affirmed an eviction judgment against Jessica Gamel, who had appealed claiming her landlord violated multiple laws during the eviction process. Gamel alleged the company disposed of over $12,000 in personal property and seized her emotional support animal.

•Tenant alleged landlord disposed of $12,000+ in personal property and seized emotional support animal

•North Dakota Supreme Court dismissed appeal for lack of final judgment under N.D.C.C. § 28-27-01

North Dakota Supreme Court Dismisses Appeal Against Governor Armstrong

The North Dakota Supreme Court dismissed an appeal by Ronald Eugene Rousseau against Governor Kelly Armstrong and state military officials, ruling that no right to appeal exists without a final judgment under state law.

•District court found it lacked both personal and subject matter jurisdiction over the case

•North Dakota Supreme Court reversed district court's criminal judgment and no-contact order extension

North Dakota Supreme Court Reverses Sentence in Parental Rights Case

The North Dakota Supreme Court reversed and remanded a criminal judgment in State v. Maher, ruling that a district court improperly extended a no-contact order that conflicted with the defendant's constitutional parenting rights. The case establishes important precedent on balancing criminal justice objectives with fundamental parental rights.

•Court ruled that constitutional parenting rights must be balanced against legitimate penological interests

•Supreme Court unanimously affirmed mandatory two-year minimum sentence for terrorizing with firearm

North Dakota Supreme Court Affirms Firearm Enhancement in Terrorizing Case

The North Dakota Supreme Court unanimously affirmed a district court's conviction of Cody Joseph Reese for terrorizing with a firearm, upholding a mandatory minimum two-year prison sentence under state law requiring imprisonment when offenders threaten others with firearms.

•Defendant stipulated to terrorizing elements but challenged firearm enhancement application

•North Dakota Supreme Court affirmed custody award to father but reversed parenting time decision

ND Supreme Court Rules on Parental Rights in Vetter Custody Case

The North Dakota Supreme Court issued a mixed ruling in *Vetter v. Vetter*, affirming parts of a lower court's custody decision while reversing the parenting time determination. The court emphasized that parenting time is a fundamental right of children, not merely a parental privilege.

•Court established that parenting time is a child's right, not merely a parental privilege

New York Court of Appeals

NY Court Dismisses Appeal After Defendant's Deportation

The New York Court of Appeals dismissed a criminal appeal without prejudice in *People v. Alba* after the defendant was involuntarily removed from the United States due to unrelated convictions. The February 11, 2026 decision highlights the court's discretionary authority to dismiss appeals when defendants are deported.

•Court exercised discretionary authority to dismiss appeal due to defendant's deportation for unrelated convictions

•Dismissal granted without prejudice, preserving defendant's right to reinstate appeal if he returns

New York Court of Appeals

NY Court of Appeals Reverses Tenant Rights Decision in Aras v. B-U Realty

The New York Court of Appeals reversed a lower court decision in Aras v. B-U Realty Corp., clarifying that tenants need not prove all elements of common-law fraud to invoke the fraud exception under rent stabilization law. The February 11, 2026 ruling builds on the court's 2025 Burrows decision.

•Court of Appeals reversed lower court decision, finding improper application of fraud exception standards

•Tenants need only show "sufficient indicia of fraud" rather than prove all elements of common-law fraud

New York Court of Appeals

NY Court of Appeals Reverses Zoning Variance Decision in Lake Luzerne

The New York Court of Appeals reversed an Appellate Division ruling and reinstated a lower court decision that upheld a zoning board's denial of an area variance application. The state's highest court found that the Town of Lake Luzerne Zoning Board of Appeals acted rationally in denying Lisa Williams' variance request.

•Court of Appeals reversed Appellate Division and reinstated zoning board's denial of area variance

•Zoning board's decision deemed rational and not arbitrary or capricious under Town Law standards

Supreme Court of South Carolina

SC Supreme Court Reprimands Myrtle Beach Attorney for Billing Issues

The South Carolina Supreme Court issued a public reprimand against Mark Justin Josephs, a Myrtle Beach attorney, for billing discrepancies and inadequate financial record-keeping that resulted in $25,237 owed to clients. Josephs, who has practiced law since 1998 with no prior disciplinary history, consented to the discipline following a 2023 audit of his former law firm.

•Mark Justin Josephs received a public reprimand from the South Carolina Supreme Court for billing discrepancies and inadequate financial record-keeping

•A 2023 audit revealed Josephs owed $25,237 in client refunds, which he paid by July 2023