New Opinions: May 22, 2026

Highlight: The mandate rule, a more specific application of law of the case, requires the trial court to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case and to carry the appellate court's mandate into effect according to its terms.

An award of primary residential responsibility is a finding of fact reviewed under the clearly erroneous standard. A district court must state its findings of fact with sufficient specificity to enable a reviewing court to understand the factual basis for its decision.

An award of parenting time between a parent without primary residential responsibility and a child is presumed to be in the child's best interests. Absent a reason for denying it, some form of extended summer parenting time with a fit
parent is routinely awarded if a child is old enough.

A district court must consider the Ruff-Fischer guidelines in equitably dividing the marital estate. A district court's distribution of marital property is reviewed as a finding of fact under a clearly erroneous standard.

Adverse rulings alone are not evidence of judicial bias or partiality. A change of judge may be ordered when a judge has an inability or unwillingness to follow the mandate on remand.