Zuger v. Zuger , 1997 ND 97 - Civil No. 960195 Property accumulated after spouses have separated, but while the marital status still exists, is part of the marital estate. Permanent spousal support is appropriate for a substantial disparity between the earning abilities of the spouses. The trial court's placement of joint custody with divorced parents is clearly erroneous, where one parent has committed domestic violence and the statutory presumption against placing custody with a perpetrator of domestic violence has not been overcome. To overcome the statutory presumption, the abusive parent must show by clear and convincing evidence why the best interests of the children require the abusive parent to participate in or have custody.
May 16, 1997
L.C. v. R.P., et al. , 1997 ND 96 - Civil No. 960156 A stipulation to dismiss a lawsuit against a servant releases claims against the master for vicarious liability arising from the servant's acts. In an action alleging the church hierarchy assumed a fiduciary duty to a parishioner for sexual misconduct by a pastor, summary judgment was proper where the parishioner presented no evidence to show that the church hierarchy assumed a fiduciary duty to the parishioner.
May 13, 1997
Bauch v. Bauch , 1997 ND 89 - Civil No. 960204 In an action for an accounting, the post-trial appointment of a master to clarify an incomplete record did not deprive the parties of a fair trial or due process. The trial court's accounting was not clearly erroneous.
Edwards v. Edwards , 1997 ND 94 - Civil No. 960349 The non-custodial parent's annual income as a machinist, eliminated when he purchased the business, was the best predictor of the income he would receive from the business as its owner/operator, and the trial court erred in failing to impute that income to him in determining his child support obligation. The child support guidelines allow a deduction from adjusted gross income for payments made on business loans to purchase depreciable assets which result in a net reduction in total principal obligations. The trial court erred in providing an abatement of child support for the child's temporary summer visits with the non-custodial parent. The trial court abused its discretion under the facts of this case when it delayed the effective date of support to provide for summer visitation and without any other proper reason.
Hintz v. Hintz , 1997 ND 85 - Civil No. 960332 The trial court's custody award and allocation of costs in a divorce action affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).
Hovland v. City of Grand Forks , 1997 ND 95 - Civil No. 960269 Personal injury claim based on an in-line skating accident occurring on a public bike path was improperly dismissed on summary judgment. North Dakota's recreational use statute did not shield political subdivision from liability.
Huber v. Dooher , 1997 ND 87 - Civil No. 970011 The trial court's finding defendant negligent in a car accident in which plaintiff was injured affirmed under N.D.R.App.P. 35.1(a)(2).
Kuller v. Kuller , 1997 ND 90 - Civil No. 960337 Award of spousal support of summarily affirmed under N.D.R.App.P. 35.1.
Peterson v. Ramsey County , 1997 ND 92 - Civil No. 960131 Contractor's cashing of a check later designated as "final offer for final payment" did not constitute accord and satisfaction as a matter of law when Contractor did not intend to abandon his remaining claims. Trial court's finding that Contractor's actions did not constitute accord and satisfaction was not clearly erroneous based on record.
Schwartz v. Schwartz , 1997 ND 91 - Civil No. 960321 A trial court's unequal property division for a divorce is not clearly erroneous when it is satisfactorily explained.
State v. Rieger , 1997 ND 86 - Criminal No. 960322 The trial court's order revoking defendant's probation and sentencing him to thirty days incarceration affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
Symington v. Walle Mutual Insurance Co., et al. , 1997 ND 93 - Civil No. 960340 Because the issues raised on appeal from a partial summary judgment could never be mooted by a decision on the claims remaining in the trial court, the court did not abuse its discretion in granting N.D.R.Civ.P. 54(b) certification. When construed in the light most favorable to the insured, a farm property insurance policy did not provide coverage for the death of feeder pigs in a manner which was not a covered cause of loss under the policy.
Van Klootwyk v. Van Klootwyk , 1997 ND 88 - Civil No. 960183 In determining whether a spouse is disadvantaged and is entitled to spousal support, whether she is "self-supporting" is not the only determination.