Georgia Dawson

Murphy v. State , 2008 ND 124,
Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4).
Alerus Financial, N.A. v. Western State Bank , 2008 ND 104, 750 N.W.2d 412
In construing a trust agreement, the court's primary objective is to ascertain the settlor's intent.
A power of attorney is an instrument in writing authorizing another to act as one's agent, and the agent holding the power of attorney is the attorney-in-fact.
An agency relationship involves both a contractual and a fiduciary relationship, and the interpretation of an agent's authority is governed by the rules for construing contracts, except to the extent the fiduciary relationship requires a different rule.
Guardianship/Conservatorship of D.M.O. , 2008 ND 100, 749 N.W.2d 517
The Supreme Court will dismiss an appeal when issues become moot or academic and there is no actual controversy left for our determination.
An actual controversy no longer exists when the issue has been rendered moot by a lapse of time, or the occurrence of related events which make it impossible for a court to grant effective relief.
Walberg v. Walberg , 2008 ND 92, 748 N.W.2d 702
Statutes are construed to harmonize them and avoid an unreasonable result or unjust consequence.
An agreement purporting to waive past-due child support is void and may not be enforced unless the child support obligee and any assignee of the obligee have consented to the agreement in writing and the agreement has been approved by a court of competent jurisdiction.
Interest of C.J., S.J., and K.W. , 2008 ND 81,
A juvenile court judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3).
Interest of C.J., S.J., and K.W. , 2008 ND 81,
State v. $33,000 U.S. Currency , 2008 ND 96, 748 N.W.2d 420
A district court's denial of a motion for relief from a default judgment will be reversed if the court abused its discretion.
A district court should be more lenient when entertaining motions to vacate default judgments as distinguished from judgments entered after a trial on the merits.
Whether an appearance has been made for purposes of N.D.R.Civ. P. 55(a) is a question of law.
An appearance is any response sufficient to give the plaintiff or his or her attorney notice of an intent to contest the claim.
Lynnes v. Lynnes , 2008 ND 71, 747 N.W.2d 93
The district court's valuation of property is a finding of fact which will be reversed on appeal only if it is clearly erroneous. When the district court's valuation is within the range of evidence provided by the parties, the district court's valuation will not be set aside, unless this Court has a definite and firm conviction a mistake has been made.
A relatively insignificant error in valuation of a marital asset will not, standing alone, constitute sufficient grounds for reversal of the judgment.
If substantial amount of debts are excluded from the marital estate, it is not clear that the district court would have reached the same result in allocating the assets and debts had it correctly included the debts as part of the marital estate before allocating the debts between the parties.
Langer v. Bartholomay , 2008 ND 40, 745 N.W.2d 649
Custom and usage may be given effect as part of a written contract if the agreement is silent or ambiguous on a point and there is a well-established custom concerning a subject so that the parties may be presumed to have acted with reference to the custom.
Time is generally of the essence in exercising an option, and the optionee must perform the terms of the option within the specified time and upon the terms and conditions provided in the agreement.
There are many different methods that may be used to prove damages for lost profits resulting from a breach of contract, but whichever method is used must be reasonably accurate and provide a fair basis for calculating the damages.
The injured party can recover lost profits resulting from a breach of contract only to the extent the evidence he produces affords a sufficient basis for estimating with reasonable certainty the amount of profits prevented by the breach.
Brewer v. Ziegler , 2007 ND 207, 743 N.W.2d 391
A highway patrol officer has the express power to enforce the state motor vehicle laws and to enforce all laws relating to the use or presence of alcoholic beverages in motor vehicles, and, therefore, has the power to arrest a person who is located on private property while violating the provisions of those laws.
The failure to give an implied consent advisory does not require exclusion of the preliminary breath test results.
Horizontal gaze nystagmus test results may be used as circumstantial evidence of intoxication without requiring scientific foundation by expert testimony.
Hendricks Prop. Mgmt. Corp. v. Birchwood Prop. Ltd. Partnership , 2007 ND 181, 741 N.W.2d 461
The interpretation of an agency agreement is governed by laws for construing contracts except to the extent the agent's fiduciary relationship with the principal requires a special rule, or the parties agree otherwise.
A district court's findings of fact and conclusions of law must be stated with sufficient specificity to provide reviewing courts with a clear understanding of the district court's decision, and a district court's findings of fact are adequate if the reviewing court is able to understand the factual basis for the district court's decision.
A liquidated damage clause is valid if the damages stemming from a breach are impractical or extremely difficult to estimate when the contract was entered, the parties reasonably endeavored to fix their damages, and the amount stipulated bears a reasonable relation to the probable damages and is not disproportionate to any damages reasonably anticipated.
Face-to-face negotiations are not necessary to uphold a liquidated damage clause.
Peterson v. Dakota Molding, Inc. , 2007 ND 144, 738 N.W.2d 501
In a garnishment proceeding, where a garnishee denies liability, the plaintiff may move the court for leave to file a supplemental complaint making the garnishee a party to the action, and setting forth the facts upon which the plaintiff claims to charge the garnishee. If probable cause is shown, the motion shall be granted.
The question whether probable cause has been shown, so as to require leave to file a supplemental complaint making a garnishee a party to an action, depends on whether the evidence shows probable grounds for believing that the garnishee might be held liable.
A term in an insurance policy should be construed to mean what a reasonable person in the position of the insured would think it meant. Limitations or exclusions from broad coverage must be clear and explicit. When the language of an insurance policy is clear and explicit, the language should not be strained in order to impose liability on the insurer.
Tedford v. Workforce Safety and Insurance , 2007 ND 142, 738 N.W.2d 29
The retirement offset provision, N.D.C.C. 65-05-09.2, authorizing offset of social security retirement benefits against workers compensation disability benefits, does not apply to injured employees who were receiving benefits for a total disability prior to the statute's effective date.
In determining whether an administrative agency acted without substantial justification, triggering an award of actual attorney fees and costs under N.D.C.C. 28-32-50(1), the fact that a judge at an earlier stage of the proceedings agreed with the agency's position is persuasive evidence that the position was substantially justified.
Hernandez v. State , 2007 ND 92, 734 N.W.2d 342
Denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).
State v. Woinarowicz , 2006 ND 179, 720 N.W.2d 635
The Sixth Amendment Confrontation Clause does not apply to the same extent at pretrial suppression hearings as it does at trial.
A district court is not bound by the Rules of Evidence at pretrial evidentiary hearings.
Constructive possession of a controlled substance may be established by showing the individual had the power and ability to exercise dominion and control over the controlled substance.
An arrestee's person and purse may be searched incident to arrest.
State v. Oien , 2006 ND 138, 717 N.W.2d 593
An individual trespassing is not entitled to the protections of the Fourth Amendment because he does not have a reasonable expectation of privacy.
State v. Smith , 2006 ND 53, 711 N.W.2d 606
Convictions of attempted kidnapping, aggravated assault, and terrorizing are summarily affirmed under N.D.R.App.P. 35.1(a)(3).
Wright v. State , 2005 ND 217, 707 N.W.2d 242
A defendant alleging ineffective assistance of counsel must prove counsel's representation fell below an objective standard of reasonableness and the defendant was prejudiced by counsel's deficient performance.
To demonstrate prejudice resulting from counsel's deficient performance, a defendant must establish a reasonable probability that, but for counsel's errors, the result of the proceeding would have been different.
State v. Hernandez , 2005 ND 214, 707 N.W.2d 449
A trial court has broad discretion to determine whether a witness is qualified as an expert and whether the witness's testimony will assist the trier of fact.
A party's failure to object to evidence admitted at trial generally waives the party's right to complain on appeal about the admission of the evidence.
A trial court has discretion to decide whether a party has opened the door for the admission of otherwise inadmissible evidence.
A jury is generally presumed to follow a curative instruction, and a curative instruction to disregard certain evidence is generally sufficient to remove improper prejudice.
A trial court has broad discretion to balance the probative value of evidence against the risk of unfair prejudice.
To establish a due process violation for the destruction of evidence, a defendant must establish bad faith by the State, which means the evidence was deliberately destroyed by or at the direction of a State agent who intended to thwart and deprive the defense of the information.
Berlin v. State , 2005 ND 110, 698 N.W.2d 266
A court may summarily dismiss a facially invalid application for post-conviction relief.
State v. Driscoll , 2005 ND 105, 697 N.W.2d 351
A magistrate's probable-cause decision is reviewed using a totality-of-the-circumstances test. A substantial basis for the magistrate's conclusion must exist.
To establish probable cause for a search, there must be a nexus between the place to be searched and the contraband sought, and circumstantial evidence can establish this nexus.
Unsupported and conclusory statements are alone insufficient to establish probable cause.
If an accepted, reasonable theory of probable cause subsequently proves to be untrue or unfounded, it does not retroactively undermine a previously correct conclusion that probable cause to search existed, invalidate a properly issued search warrant, or release a criminal actor from culpability for crimes uncovered during the execution of the search warrant.
In executing a valid search warrant, police may inspect and open any item that could reasonably contain the objects of the search, regardless of whether these items are personal or private or specifically particularized in the search warrant.
State v. Jackson-Metcalf , 2005 ND 2, 694 N.W.2d 22
A revocation of probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
Ficek v. Morken , 2004 ND 158, 685 N.W.2d 98
The public duty doctrine, that there is no enforceable duty in tort when a statute or common law imposes upon a public entity a duty to the public at large rather than to a particular class of individuals, is incompatible with North Dakota law.
State v. Mikkelson , 2004 ND 121, 688 N.W.2d 402
Driving under suspension conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(3).
Meyer v. Meyer , 2004 ND 89, 679 N.W.2d 273
A change in spousal support, which was initially awarded upon the parties' stipulation, should be made only with great reluctance by the trial court upon a showing of a material change in circumstances.
Findings of fact should be sufficiently stated so the reviewing court is able to understand the factual basis for the trial court's decision, particularly in view of our standards for modification of spousal support.
A case will be remanded if the reviewing court cannot discern the rationale for the result reached by the trial court.
Oldham v. Oldham , 2004 ND 62, 677 N.W.2d 196
A party waives an issue by not providing supporting argument.
Without supportive reasoning or citations to relevant authorities, an argument is without merit.
Harfield v. Tate , 2004 ND 45, 675 N.W.2d 155
The commission of an act cannot be proved by showing the commission of similar acts by the same person at other times, or by showing the act was in conformity with the person's character or a character trait.
Swancy v. Tjon , 2004 ND 35, 676 N.W.2d 813
Judgment dismissing tort claims after a bench trial is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Peters-Riemers v. Riemers , 2004 ND 28, 674 N.W.2d 287
A pro se defendant in a contempt proceeding must be informed of the right to court-appointed counsel when a remedial contempt sanction includes the likelihood of incarceration.
Interest of J.P. and D.P. , 2004 ND 25, 674 N.W.2d 273
Under state law, a juvenile court may terminate parental rights if a child is deprived, the conditions and causes of the deprivation are likely to continue, and the child is suffering, or will in the future probably suffer, serious physical, mental, moral, or emotional harm.
Under the Indian Child Welfare Act, a petitioner for termination of parental rights must (1) demonstrate by clear and convincing evidence that active efforts were made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that those efforts were unsuccessful, and (2) prove continued custody of a child by a parent or Indian custodian is likely to result in serious emotional or physical damage to the child by proof beyond a reasonable doubt.
Eberhardt v. Eberhardt , 2003 ND 199, 672 N.W.2d 659
A sufficient foundation can be established for the admission of medical bills into evidence by the claimant's testimony the bills were incurred.
The question of whether evidence should be excluded for lack of authentication is primarily within the sound discretion of the trial court.
A trial court's determination on visitation is a finding of fact that will not be reversed unless it is clearly erroneous.
Torgerson v. Torgerson , 2003 ND 150, 669 N.W.2d 98
An obligor need not show a material change in circumstances if the motion to modify child support is brought more than one year after entry of the support order.
Income may not be imputed based on underemployment absent adequate evidence of the obligor's gross income from earnings and of the prevailing amounts earned in the community by persons with similar work history and occupational qualifications.
Under current child support guidelines, depreciation is not added back into an obligor's net income to determine support obligations.
Kautzman v. Kautzman , 2003 ND 140, 668 N.W.2d 59
For an effective appeal on any proper issue, the matter must have been raised in the trial court, so the trial court could rule on it, and a failure to object to an irregularity at trial is a waiver of the issue.
A party making a constitutional claim must provide persuasive authority and reasoning.
N.D.C.C. 9-12-07, dealing with the application of performance by a debtor under several obligations to another, applies only if there is voluntary performance.
When a debtor, at the time of payment, does not indicate to which obligation a payment applies, the creditor may apply it to any obligation then due from the debtor.
Sonsthagen v. Sprynczynatyk , 2003 ND 90, 663 N.W.2d 161
For a law enforcement officer to testify about the results of a sobriety test, the proper foundation to be established is evidence of the officer's training and experience in administering the test and evidence that the test was properly administered.
Probable cause to arrest for driving under the influence of drugs exists when an officer: 1) observes signs of a driver's physical or mental impairment; and 2) has reason to believe the impairment is caused by drugs.
Interest of D.Q. , 2002 ND 188, 653 N.W.2d 713
A district court's review of a judicial referee's findings and recommendations under Administrative Rule 13, section 11(b), when it is a review of the record, is governed by N.D.R.Civ.P. 53, and the district court is obliged to accept the referee's findings unless they are clearly erroneous.
Comstock Construction, Inc. v. Sheyenne Disposal, Inc. , 2002 ND 141, 651 N.W.2d 656
A trial court's denial of a motion for new trial on the basis of sufficiency of the evidence is reviewed under the abuse-of-discretion standard.
N.D.R.Civ.P. 6(e), which authorizes the addition of three days whenever a party has a set period to do an act after service of notice or other paper by mail, applies to the time for commencing and filing an action after a written demand is served on a lienholder.
Matrix v. TAG Investments , 2002 ND 119, 651 N.W.2d 692
An order and judgment offsetting the amounts the parties owed each other are summarily affirmed under N.D.R.App.P. 35.1(a)(7), subject to an adjustment of damages and a reduction in costs.
Matrix v. TAG Investments , 2002 ND 86, 644 N.W.2d 601
As part of the enforcement of a judgment for specific performance of the conveyance of land, a purchaser may proceed by ancillary motion after the trial court has ordered the transfer of the land under N.D.R.Civ.P. 70 to recover costs, attorney fees, and damages for the seller's delay in conveying land.
Cass Co. Joint Water Resource District v. 1.43 Acres of Land , 2002 ND 83, 643 N.W.2d 685
A condemnation action is purely in rem, and does not require acquisition of in personam jurisdiction over the owners of the land.
Tribal sovereign immunity does not bar a condemnation action in state court involving land which is owned in fee by the tribe and which is not reservation land, allotted land, aboriginal land, or trust land.
Once the federal government removes restraints on alienation of Indian land by granting a fee patent to a private party, the land does not become inalienable again under the Federal Nonintercourse Act, 25 U.S.C. 177, when it is purchased in fee by an Indian tribe.
Knutson v. Knutson , 2002 ND 29, 639 N.W.2d 495
In considering whether a settlement agreement between divorcing parties should be enforced, the trial court should inquire: (1) whether the agreement is free from mistake, duress, menace, fraud, or undue influence; and (2) whether the agreement is unconscionable.
In the context of improperly coercing a spouse to sign a settlement agreement, undue influence is the improper use of power or trust in a way that deprives a person of free will and substitutes another's objective.
When the child support guidelines do not address a situation, as in the case of parents having joint physical custody of a child for equal amounts of time, the trial court must enter an order appropriate to the needs of the child and the ability of the parent to pay.
City of Fargo v. Roberson , 2001 ND 204, 636 N.W.2d 926
The Supreme Court will not consider questions that were not presented to the trial court and are raised for the first time on appeal.
Heick v. Erickson , 2001 ND 200, 636 N.W.2d 913
In reviewing the denial of an application for a writ of certiorari, the Supreme Court does not delve into the merits of the trial court's decision but only determines whether the lower court exceeded its jurisdiction in acting.
Toni v. Toni , 636 N.W.2d 396 (N.D. 2001)
Agreements by divorcing parties to divest the trial court of jurisdiction to modify the amount and term of spousal support, which are adopted and incorporated into the divorce decree, are enforceable.
Hellerud v. ND Dept. of Transportation , 2001 ND 181, 639 N.W.2d 706
Judgment of the district court affirming the decision of the Department of Transportation to revoke appellant's driver's license for refusing to submit to an on-site chemical screening test is summarily affirmed under N.D.R.App.P. 35.1(a)(5).
State v. Schmitt , 2001 ND 57, 623 N.W.2d 409
If a court finds false statements in an affidavit supporting a search warrant, the court must find whether those statements were included intentionally or with reckless disregard for the truth and must evaluate probable cause accordingly.
The mere recitation of testimony is not equivalent to a finding of fact.
Conclusory findings of fact which state a party has failed in the burden of proof are inadequate.
City of Fargo v. Salsman , 2001 ND 3, 625 N.W.2d 264
The trial court's judgment of conviction for a violation of Fargo Municipal Code is affirmed under N.D.R.App.P. 35.1(a)(2).
State v. Gregg , 2000 ND 154, 615 N.W.2d 515
Generally, evidence obtained as a result of illegally acquired evidence must be suppressed as "fruit of the poisonous tree."
Contemporaneous with the lawful arrest of an automobile occupant, the officer may search the passenger compartment.
An automobile may be searched without a warrant, based on probable cause to believe the automobile contains articles subject to seizure.
An impounded vehicle may be inventoried as a routine caretaking procedure, rather than for investigation.
State v. Norrid , 2000 ND 112, 611 N.W.2d 866
Under the federal due process clause, the admissibility of evidence of an eyewitness identification of a defendant requires a determination of whether the identification procedure is unnecessarily or impermissibly suggestive, and if so, whether the identification is reliable under the totality of the circumstances.
The voluntariness of a confession is examined under a totality-of-the-circumstances test.
State v. Gonzalez , 2000 ND 32, 606 N.W.2d 873
A conspiracy to deliver a controlled substance cannot be based solely upon proof of a buyer-seller relationship.
Kaler v. Kraemer , 1999 ND 237, 603 N.W.2d 698
Whether a contract contains an ambiguity is a question of law, and once an ambiguity is determined to exist, a court may use extrinsic evidence to resolve it.
Construing a contract against the drafter is an interpretation principle of last resort which should not be applied to frustrate clear intentions of the parties.
A prevailing party in a breach of contract action is entitled to prejudgment interest where damages are certain or capable of being made certain by calculation.
Parties to a contract are entitled to relief specified within that document where another party knowingly misrepresented facts material to the contract.
Peterson v. Peterson , 1999 ND 191, 600 N.W.2d 851
A trial court's determinations on valuation and division of property are treated as findings of fact and will be reversed on appeal only if clearly erroneous. To make an equitable distribution of property, the trial court must include in the marital estate all of the parties' assets, regardless of source.
Laude v. Laude , 1999 ND 203, 600 N.W.2d 848
A permanent spousal support award is not a claim against an obligor's retirement pension when the obligee has waived all right, title, interest, and claim to the pension and the parties expressly stipulated to submit the spousal support issue to the trial court.
Fargo Foods, Inc. v. Bernabucci , 1999 ND 120, 596 N.W.2d 38
A party seeking to terminate a contract under a termination provision in the contract must comply with the requirements of the termination provision.
Nefzger v. Nefzger , 1999 ND 119, 595 N.W.2d 583
Alcoholism is not an absolute bar to a parent obtaining child custody.
A parent's extramarital relationships and past marijuana usage are not irrefutable indications of lack of moral fitness.
A guardian ad litem's recommendation on child custody is not conclusive.
Temporary rehabilitative spousal support can be awarded to a disadvantaged spouse to continue an accustomed standard of living.
Bruns v. ND Workers Comp. , 1999 ND 116, 595 N.W.2d 298
The Workers Compensation aggravation statute, N.D.C.C. 65-05-15 (1995), applies when a "new" work injury combines with and aggravates a preexisting condition.
It is not necessary to prove "permanent impairment" as defined in N.D.C.C. 65-01-02(26) (1995) to establish "active impairment" under the aggravation statute.
State ex rel. Melling v. Ness , 1999 ND 73, 592 N.W.2d 565
A move to another state which benefits the health and well-being of a custodial parent is beneficial to the parent's child, and is in the child's best interests.
Evidence of a firm job offer in another state is relevant in assessing economic advantages for a custodial parent's move to that state.
If a trial court grants a custodial parent's motion to remove a child from the state, evidence related to the proposed move cannot support a competing motion for change of custody.
Schmaltz v. Schmaltz , 1998 ND 212, 586 N.W.2d 852
A trial court may award custody of children to the father, when the father and mother are both well fit to care for them, the children expressed a preference to reside with their father and the father had been their primary caretaker and had formed a closer bond with them, even though he may have had an extramarital affair.
Under the child support guidelines, the court can reduce an obligor's child support obligation if the court finds a reduced ability to pay because of travel expenses incurred by the obligor for visitations.
Estate of Thompson , 1998 ND 226, 586 N.W.2d 847
recipient at the time of death had any title or interest in assets which were conveyed to his or her spouse through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement.
An obligation to repay medical assistance benefits arises upon receipt of the benefits.
Wishnatsky v. Huey , 1998 ND App 8, 584 N.W.2d 859
An actor is subject to liability to another for battery if he acts intending to cause a harmful or offensive contact with the person of another, or an imminent apprehension of such contact, and an offensive contact with the person of the other results.
A bodily contact is offensive if it offends a reasonable sense of personal dignity.
Donarski v. Donarski , 1998 ND 128, 581 N.W.2d 130
It is appropriate for the trial court to award permanent spousal support to a disadvantaged spouse who is incapable of adequate rehabilitation or self support.
The trial court's authority to award post-minority support is limited and must be based upon a full consideration of the relevant factors.
Fisher v. American Family Mutual Ins. Co. , 1998 ND 109, 579 N.W.2d 599
Coverage for damage to the flooring in a home arising out of the insured floor finisher's operations was not excluded by exclusions b or j in the insured's commercial general liability policy.
Exclusions k and l excluded from coverage the cost of the finish and the sanding and finishing work performed by the insured on the homeowner's flooring.
When an insured has been abandoned by its insurer and enters into a Miller-Shugart settlement agreement, a failure to delineate between covered and non-covered damages does not render the Miller-Shugart agreement totally unenforceable.
1st Summit Bank, f/k/a Summit Bank v. Samuelson , 1998 ND 113, 580 N.W.2d 132
On this record, foreign state's confessed judgment did not deny due process to debtor even though foreign state's procedure does not require signature of debtor under oath.
North Dakota is required to give full faith and credit to another state's money judgment which is properly filed and authenticated in North Dakota, regardless of our own policy or law.
Berg v. Ullman, ex rel., Ullman , 1998 ND 74, 576 N.W.2d 218
A child support obligor is required by N.D. Admin. Code 75-02-04.1-02(7) to provide documentation of current income.
Under N.D. Admin. Code 75-02-04.1-07(3), income must be imputed to an underemployed obligor.
Although there are three methods of imputation, the baseline or minimum imputation is 167 times the federal minimum wage.
A child support order must include a statement of the obligor's net income and how that income was determined.
Kaler v. Kraemer , 1998 ND 56, 574 N.W.2d 588
Complaints are construed liberally so as to do substantial justice.
Bell v. State , 1998 ND 35, 575 N.W.2d 211
A petition for post-conviction relief must seek relief that can be granted under ch. 29-32.1, N.D.C.C., and must allege facts that support a claim for such relief.
A petition for post-conviction relief may be summarily dismissed when petitioner fails to present evidence raising a genuine issue of material fact in response to State's motion for summary disposition.
Trial court did not abuse its discretion by considering State's motion for summary disposition immediately after denying petitioner's motion for judgment by default.
Paulson v. Bauske , 1998 ND 17, 574 N.W.2d 801
The trial court's finding a custodial mother's move with her child to Colorado to live with her new husband who had accepted a job there would not be in the child's best interest was clearly erroneous.
Continuity and stability of a custodial family unit is an important consideration in deciding whether to allow a custodial parent to move out of state with a child.
When a move is allowed, the court must restructure visitation to preserve and foster the relationship between the child and noncustodial parent.
Blanchard v. ND Workers Comp. Bureau , 1997 ND 118, 565 N.W.2d 485
Absent a bureau request for a designated administrative law judge to issue a final order, an administrative law judge's decision in a worker's compensation case was a recommendation. NDCC 28-32-13(3) authorizes, but does not require, the bureau to adopt rules for review of an administrative law judge's recommendation. The bureau must adequately explain its reason for rejecting an administrative law judge's recommendation and for disregarding medical evidence favorable to the claimant.
Adoption of J.M.H. , 1997 ND 99, 564 N.W.2d 623
The evidence clearly and convincingly supported the termination of an indigent inmate's parental rights under N.D.C.C. 14-15-19(3)(b). The procedures for terminating the inmate's parental rights did not deprive him of due process and his conclusory allegations were insufficient to show ineffective assistance of counsel.
Jensen v. ND Workers Compensation , 1997 ND 107, 563 N.W.2d 112
Statutory amendments may not operate retrospectively to abrogate contractual or vested rights. 1989 amendment to 65-05-08, N.D.C.C., providing if workers compensation disability benefits are discontinued, a later award of benefits may not commence more than thirty days before the claimant's written notice of reapplication, irrespective of injury date, is not applicable to a claimant who had a vested right to resume receiving disability benefits when his compensable injury again became disabling and benefits suspended by the Bureau due to a recovery of damages in a third-party personal injury lawsuit were liquidated.
Dakutak v. Dakutak , 1997 ND 76, 562 N.W.2d 750
The Supreme Court reviews de novo one trial court's interpretation of another trial court's judgment or decree. Under a prior divorce decree, the wife was personally liable for only that part of a credit union debt not satisfied by the husband's Corvette, which was given as collateral for the debt.
Service Oil, Inc., v. Chabot , 1997 ND 74, 562 N.W.2d 571
A motion denying summary judgment is not a ruling on the merits, and cannot be appealed. Although defendants stipulated to entry of judgment reserving the right to appeal the district court's ruling regarding liability, no such ruling has been made by the district court.
State v. Ensminger , 562 N.W.2d 104 (N.D. 1996)
Denial of motion for new trial summarily affirmed under Rule 35.1, N.D.R.App.P.
Estate of Powers , 552 N.W.2d 785 (N.D. 1996)
The non-claim statute, Section 30.1-19-03, N.D.C.C., does not bar a person from disputing title to property alleged to be included in an estate.
A person's assertion of rights under a specific bequest provision of a will is not a 'claim' against an estate for purposes of the non-claim statute.
Wishnatsky v. Bergquist , 550 N.W.2d 394 (N.D. 1996)
City of Fargo v. Schwagel , 544 N.W.2d 873 (N.D. 1996)
State v. Olson , 544 N.W.2d 144 (N.D. 1996)
State v. Ensminger , 542 N.W.2d 722 (N.D. 1996)
Estate of Stirling , 537 N.W.2d 554 (N.D. 1995)
State v. Erickson , 534 N.W.2d 804 (N.D. 1995)
State v. Bjornson , 531 N.W.2d 315 (N.D. 1995)
State v. Graven , 530 N.W.2d 328 (N.D. 1995)
State v. Konewko , 529 N.W.2d 861 (N.D. 1995)
State v. Schroeder , 524 N.W.2d 837 (N.D. 1994)
City of Fargo v. Ternes , 522 N.W.2d 176 (N.D. 1994)
Estate of Dittus , 520 N.W.2d 60 (N.D. 1994)
North Dakota Guaranteed Student Loan Program v. Voigt , 513 N.W.2d 64 (N.D. 1994)
City of Fargo v. McLaughlin , 512 N.W.2d 700 (N.D. 1994)
State v. Miller , 512 N.W.2d 469 (N.D. 1994)
City of Fargo v. Cossette , 512 N.W.2d 459 (N.D. 1994)
City of Fargo v. Casper , 512 N.W.2d 668 (N.D. 1994)
City of Fargo v. Bommersbach , 511 N.W.2d 563 (N.D. 1994)
Estate of Dittus , 497 N.W.2d 415 (N.D. 1993)
Overboe v. Odegaard , 496 N.W.2d 574 (N.D. 1993)
City of Fargo v. Stensland , 492 N.W.2d 591 (N.D. 1992)
State v. Sarhegyi , 492 N.W.2d 284 (N.D. 1992)
State v. Kettleson , 486 N.W.2d 227 (N.D. 1992)
Farm Credit Bank of St. Paul v. Brakke , 483 N.W.2d 167 (N.D. 1992)
State v. Zummach , 467 N.W.2d 745 (N.D. 1991)
City of Fargo v. Komulainen , 466 N.W.2d 610 (N.D. 1991)
City of Fargo v. Dawson , 466 N.W.2d 584 (N.D. 1991)
United Electric Service & Supply, Inc. v. Powers , 464 N.W.2d 818 (N.D. 1991)
City of Fargo v. Gustafson , 462 N.W.2d 649 (N.D. 1990)

Generated from Supreme Court Docket on 08/29/2008