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922 N.W.2d 782

Heldstab v. Heldstab

North Dakota Supreme Court

Decided February 21, 2019

North Dakota Supreme Court · decided 2019-02-21

Cited by 5 later decisions — most recently September 2025

5 state decisions

Relies on Schmidkunz v. Schmidkunz · McDowell v. McDowell · Vetter v. Vetter

Good law ✅— No negative treatment on recordhow we know

Decided 2019-02-21

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Per Curiam.

¶1[¶1] Justin Heldstab appeals from a divorce judgment that divided the parties' property and debts and awarded Makayla Heldstab primary residential responsibility for their child. He argues the district court erred in adopting her proposed findings of fact, conclusions of law, and order for judgment verbatim, rather than making its own determination and issuing its own findings of fact, conclusions of law, and order for judgment. We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (7) ; McDowell v. McDowell , 2003 ND 174, ¶ 8, 670 N.W.2d 876 (quoting Schmidkunz v. Schmidkunz , 529 N.W.2d 857, 858 (N.D. 1995) ) (" 'When the [district] court affixes its signature to the findings, even though drafted by counsel, they become the findings of the court, and if they adequately explain the basis of the court's decision,' the findings will be upheld."); see alsoDale Expl., LLC v. Hiepler , 2018 ND 271, ¶ 8, 920 N.W.2d 750 ; Vetter v. Vetter , 267 N.W.2d 790, 792 (N.D. 1978).

¶2[¶2] Gerald W. VandeWalle, C.J.

¶3Jerod E. Tufte

¶4Daniel J. Crothers

¶5Lisa Fair McEvers

¶6Jon J. Jensen

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