BN & Santa Fe Railway v. Burlington Resources Oil & Gas, 1999 ND 39 A principal's authorization for an agent to deal "for its own account" with the principal's property is an "authority expressed in general terms" under N.D.C.C. 3-02-05, thus rendering the obligations of a trustee in N.D.C.C. 59-01-09 to 59-01-19 applicable to the agent's self-dealing.
February 25, 1999
Hendrickson v. Hendrickson, 1999 ND 37 Withholding child support payments from a child because a custodial parent refuses to comply with visitation is improper. Child support payments are to be used for a child's current expenses unless the trial court finds it is in the best interests to set aside the payments for future expenses. Stuart v. Stammen, 1999 ND 38 When a party has a right of first refusal on specified property, the seller cannot add additional property and make it part of the package, thereby forcing the option holder to purchase the additional property to exercise the option.
February 23, 1999
Buchholz v. Buchholz, 1999 ND 36 Child support determinations involve questions of law which are subject to the de novo standard of review, findings of fact which are subject to the clearly erroneous standard of review, and may, in some limited areas, be matters of discretion subject to the abuse of discretion standard of review. A district court must clearly state how it arrives at an unemployed obligor's imputed income under the Child Support Guidelines. Dethloff v. Dethloff, 1999 ND 18 Second reinstated judgment of divorce summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). Fuchs v. Moore, 1999 ND 27 Administrative res judicata bars an agency from raising issues in new proceedings which could have been resolved in prior formal adjudicative proceedings that have become final. License suspension proceedings for driver failing a DUI test are not barred, under administrative res judicata doctrine, by prior revocation proceedings, based upon driver's failure to test, which were dismissed prior to formal adjudication. Hovland v. McCabe, 1999 ND 21 Summary judgment in a negligence case summarily affirmed under N.D.R.App.P. 35.1(a)(7). Landis v. CNA Insurance, 1999 ND 35 Courts must give consideration to the surrounding provisions and clauses of an insurance policy when interpreting an undefined term. The term "unoccupied" in an insurance policy covering a dwelling means the house is not lived in or used principally as either a private residence or private residence under construction. Leingang v. George, 1999 ND 32 Under Rule 10, N.D.R.App.P., the appellant is required to file the trial transcript. The appellant assumes the risks associated with failure to submit a transcript if the Court is incapable of meaningful review of alleged error without a transcript. When the district court has provided counsel with a written copy of proposed jury instructions and an opportunity to object, under N.D.R.Civ.P. 51., an objection must be made to any instruction or part of an instruction given or omitted to preserve the issue for appeal. Martin v. Rath, 1999 ND 31 Undocketed automatic judgments for past-due child support obligations under N.D.C.C. 14-08.1-05 are treated as ordinary judgments under state law. Under N.D.C.C. 9-12-07, if no contrary intent is expressed, payments made for child support arrearage should be applied first to any interest due on the earliest maturing child support obligation, and then to any principal due on that obligation, with any remaining excess going to the next earliest maturing support obligation in a similar manner. Ramstad v. Biewer, 1999 ND 23 Modifying child custody is a two-step inquiry. First, there must have been a significant change of circumstance since the original custody determination. Second, the significant change of circumstance must compel or require, in the best interests of the child, a change of custody. Reed v. University of North Dakota, 1999 ND 25 Res judicata precludes relitigating a claim that was decided on the merits by a court of competent jurisdiction. An unambiguous agreement exonerating a sponsor from liability for injuries incurred in a ten kilometer road race is enforceable. Under N.D.C.C. 32-03.2-02, an express or tacit agreement to commit a tortious act is required to establish concerted action necessary for joint liability. Roberson v. Anderson, 1999 ND 19 Trial court judgment affirming a referee's decision to abate child support obligations during temporary periods in which the child resides with the non-custodial parent is summarily reversed and remanded under N.D.R.App.P. 35.1(b). State v. Burger, 1999 ND 30 The intended victim's failure to rely upon the defendant's deceptive conduct does not preclude liability for attempted theft by deception. State v. Hughes, 1999 ND 24 A no-knock warrant is unreasonable when there are no exigent circumstances justifying it. Applying federal law, evidence obtained in violation of knock-and-announce requirements may be admissible under the good-faith exception to the exclusionary rule. State v. Hill, 1999 ND 26 The trial court has discretion whether to allow testimony by a rebuttal witness who has heard evidence in violation of a sequestration order. When a party has moved for new trial, any subsequent appeal by that party is limited to review of issues presented to the trial court on the motion for new trial. State v. Johnson, 1999 ND 33 Probable cause for a no-knock search warrant may be established by substantial evidence of drug use and gun possession by a known dangerous person. When the issuing magistrate had sufficient facts to establish probable cause to search, the unobjected-to review of the warrant by the issuer is permissible. State v. Osier, 1999 ND 28 Once the prosecution introduces medical evidence to establish penetration in a trial for gross sexual imposition, the defendant should be allowed to provide an alternative explanation for the complainant's physical condition. Generally, to be considered on appeal an issue must have been appropriately raised in the trial court. Unless there is substantial reason to fear prejudice, a trial court may decline to question jurors about possible exposure to news reports. State v. Richards, 1999 ND 20 Aggravated assault conviction summarily affirmed under N.D.R.App.P. 35.1(a)(3). State v. Vincent, 1999 ND 22 Order revoking probation summarily affirmed under N.D.R.App.P. 35.1(a)(7). State v. Wilson, 1999 ND 34 Reasonable fees do not invalidate an informant's testimony. A specific requested jury instruction need not be given if the court's jury instruction correctly advises the jury of the law. A juror falling asleep does not require a new trial when the defendant did not object or ask for a mistrial, and where the court took corrective steps to prevent a recurrence. Wetzel v. Wetzel, 1999 ND 29 For acceptance of property under a divorce judgment to be a waiver of the right to appeal, the objecting party must demonstrate prejudice or a very clear intent by the appealing party to accept the judgment. Shared custody is not favored, and must be supported by specific findings demonstrating shared custody is in the best interests of the child.
February 8, 1999
Midwest Medical Ins. Co. v. Doe, 1999 ND 17 When a malpractice insurance carrier concedes a duty to defend on all counts and to indemnify on some counts of a negligence action brought against its insured, it is inappropriate to render a declaratory judgment under N.D.C.C. 32-23-06, prior to resolution of the underlying action, on the carrier's duty to indemnify for remaining counts.
February 1, 1999
City of Devils Lake v. Corrigan, 1999 ND 16 A court or magistrate may, but is not required to, set a traffic violation bond schedule under N.D.C.C. 29-08-02. Industrial Commission v. Wolf, 1999 ND App 2 - Court of Appeals An error of law in trial court proceedings does not divest the trial court of subject matter jurisdiction. An assignee of an instrument acquires the rights of the assignor, including the right to enforce the instrument. State district courts are vested with exclusive original jurisdiction of all actions for the foreclosure of real estate mortgages in this state.