Opinions

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Kieson v. Kieson 2019 ND 15
Docket No.: 20180157
Filing Date: 1/15/2019
Case Type: DIVORCE/PROPERTY DIV./ALIMONY
Author: Per Curiam

Highlight: A marital property distribution in a divorce case is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Cody v. Cody 2019 ND 14
Docket No.: 20180120
Filing Date: 1/15/2019
Case Type: DIVORCE/PROPERTY DIV./ALIMONY
Author: VandeWalle, Gerald W.

Highlight: The district court has broad discretion in deciding evidentiary matters, including whether to admit telephonic testimony.
Interlocutory orders generally are not appealable and may be revised or reconsidered any time before the final order or judgment is entered.
Claims for ineffective assistance of counsel have not been extended to civil actions for divorce.

Seccombe, et al. v. Rohde, et al. 2019 ND 13
Docket No.: 20180069
Filing Date: 1/15/2019
Case Type: REAL PROPERTY
Author: VandeWalle, Gerald W.

Highlight: A county court acquired jurisdiction over property when executor of estate filed a petition to sell the property and the petition substantially complied with statutory requirements.
When the sale of property by an executor or administrator of an estate is required to be confirmed by the court under statute, the order confirming the sale cures all nonjurisdictional errors and irregularities occurring after the court obtains jurisdiction.

Interest of E.S. 2019 ND 12
Docket No.: 20180426
Filing Date: 1/15/2019
Case Type: MENTAL HEALTH
Author: McEvers, Lisa K. Fair

Highlight: A district court’s finding respondent is mentally ill and requires treatment will not be reversed unless it is clearly erroneous.

To show a respondent is a person requiring treatment, the petitioner must prove by clear and convincing evidence that the person is mentally ill and there is a reasonable risk that, if the person is not treated, he poses a serious risk of harm to himself, others, or property.

State v. Christensen 2019 ND 11
Docket No.: 20180156
Filing Date: 1/15/2019
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: McEvers, Lisa K. Fair

Highlight: Appellate review of a criminal sentence is generally confined to whether the district court acted within the sentencing limits prescribed by statute, or substantially relied upon an impermissible factor.

The presumptive probation statute requires a sentence of probation unless an exception applies.

Ourada v. State 2019 ND 10
Docket No.: 20180087
Filing Date: 1/15/2019
Case Type: POST-CONVICTION RELIEF
Author: Jensen, Jon J.

Highlight: In a post-conviction relief proceeding, an applicant is entitled to notice that his application may be summarily dismissed.

Petition to Permit Temporary Provision of Legal Services 2019 ND 1
Docket No.: 20160436
Filing Date: 1/9/2019
Case Type:
Author: Per Curiam

Highlight: Order on petition for temporary lawyer practice.

Berg v. North Dakota State Board of Registration 2018 ND 274
Docket No.: 20170413
Filing Date: 12/11/2018
Case Type: ADMINISTRATIVE PROCEEDING
Author: Jensen, Jon J.

Highlight: In reviewing an administrative agency’s findings of fact, the Supreme Court does not make independent findings of fact or substitute its judgment for that of the agency.
In an administrative proceeding, the administrative agency resolves conflicts of evidence and weighs the credibility of witnesses.

Bakke v. Magi-Touch Carpet One Floor & Home, Inc., et al. 2018 ND 273
Docket No.: 20180116
Filing Date: 12/6/2018
Case Type: CONTRACTS
Author: Jensen, Jon J.

Highlight: An employer of an independent contractor generally is not liable for the negligence of the independent contractor.

North Dakota law recognizes an implied warranty of fitness for a particular purpose in construction contracts.

A contracting party cannot escape its liability on the contract by merely assigning its duties and rights under the contract to a third party.

The remedy for fraud is rescission of the contract and requires returning the parties back to their original positions.

Deceit is not an action dependent on a contract; it is a tort cause of action, and allows recovery of damages upon proof of an affirmative misrepresentation or suppression of material facts.

When a party requests leave to amend without requesting additional discovery and a summary judgment motion has been docketed, the proposed amendment must be both theoretically viable and solidly grounded in the record.

The measure of damages for breach of contract is the amount which will compensate the injured person for the loss which fulfillment of the contract would have prevented or the breach of the contract now requires.

City of Grand Forks v. Barendt 2018 ND 272
Docket No.: 20180227
Filing Date: 12/6/2018
Case Type: DUI/DUS
Author: McEvers, Lisa K. Fair

Highlight: The implied consent advisory under N.D.C.C. 39-20-01(3) must be read after placing an individual under arrest and before administering a chemical test to determine alcohol concentration or the presence of other drugs.

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