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Johnson v. Johnson9/14/2000
tucky. The purported contract was performed in those states and others, but no part of the contract performance ever occurred in North Dakota. Arguably, Antonyio Johnson may have provided support for Jessica Clayton in the intervening month between his arrival in North Dakota and his filing for divorce. Further, payment of support under the district court's interim order may arguably vest the district court with subject matter jurisdiction to hear Jessica Clayton's contract claim.
[ ] However, it is axiomatic that the underlying contract dispute did not arise in North Dakota. Further, the vast majority of performance rendered under the alleged contract was rendered outside the territorial boundaries of North Dakota. Finally, even assuming the district court was able to obtain personal and subject matter jurisdiction over Jessica Clayton's contract claim, the law of Kentucky or the law of New Jersey would apply to the facts of this case.
[ ] The appropriate course for this Court, rather than remanding for a factual determination, would be to determine, sua sponte, that the district court lacks subject matter jurisdiction over Jessica Clayton's purported contract claim. See Cordie v. Tank, 538 N.W.2d 214, 217 (N.D. 1995) (establishing this Court can raise issues of subject matter jurisdiction sua sponte). Regardless, it is imprudent to proceed to a factual determination regarding the theory of equitable adoption due to the absence of subject matter jurisdiction over the purported contract to adopt.
VII.
[ ] The district court likely concluded there was no contract to adopt in this case. "Adoption is a relationship artificially created by statute. The proceedings are wholly statutory and do not depend upon equitable principles." Borner v. Larson, 293 N.W.2d 836, 839 (N.D. 1940) (citation omitted). Although there admittedly was wholly insufficient compliance with any adoption statute, the majority concludes an adoption contract may occur and, if so, equitable contract principles require enforcement of the resultant obligations. Notwithstanding this misconceived notion of equity, Madonna Johnson's misconstrued contract fails in other respects as well.
A.
[ ] The majority suggests a contract may have existed for Jessica Clayton's adoption. Contracts will not be enforced in equity when there exists a legal remedy. The applicable maxim of the law is clearly evident here: equity will not provide relief when there is an adequate remedy at law. Matter of Estate of Hill, 492 N.W.2d 288, 295-96 (N.D. 1992). As aptly noted by the district court, Madonna Johnson has numerous legal remedies to obtain support for Jessica Clayton from Jessica's natural parents. The district court stated that Madonna, who now resides in Kentucky, can petition the Kentucky courts for adoption "with notice to her son and Michelle Clayton. . . . With those possibilities available to Madonna Johnson in her concern for Jessica, the child will not be left without support in the world. . . . Madonna has the right to seek and receive child support from either or both of the natural parents of Jessica and to receive assistance from her local officials in securing appropriate amounts of child support from Jessica's natural parents."
[ ] The majority's fractured opinion may be a valiant attempt to herald an appropriate, just, and equitable result. However, the majority's end cannot be used to justify its means. Madonna Johnson should be required to seek a remedy at law-a remedy against those statutorily obligated to support Jessica Clayton.
B.
[ ] At 37, the majority states a contract to adopt must be supported by consideration. The considera
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