New opinions: March 3 Friday, March 3, 2023
The Supreme Court has issued 10 new opinions.
The summaries are below.
To see an opinion, click on the "View Opinion" button. Opinions display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in an opinion are included in the text: hover over the citation and click to follow the hyperlink.
See other Supreme Court opinions at: https://www.ndcourts.gov/supreme-court/opinions
Kainz, et al. v. Jacam Chemical Co. 2013 2023 ND 42 Highlight: An order that has the practical effect of terminating the litigation in the Plaintiff’s chosen forum and effectively forecloses litigation in the courts of this state may be appealable. |
Henry Hill Oil Services v. Tufto, et al. 2023 ND 41 Highlight: A construction lien covers the land on which an improvement is located to the extent of the right, title, and interest of the owner for whose use or benefit the labor was done or materials furnished. |
Interest of Sternberg 2023 ND 40 Highlight: In civil commitment hearings, the State is burdened with demonstrating by clear and convincing evidence that an individual is a sexually dangerous individual. To do so, the State must establish three statutory elements. |
Interest of A.P. 2023 ND 39 Highlight: The right to appeal is statutory. If no statutory basis exists for an appeal, the court lacks appellate jurisdiction and must dismiss the appeal. |
Olympic Financial Group, et al. v. ND Dep't of Financial Institutions 2023 ND 38 Highlight: Ordinarily, a dismissal without prejudice is not appealable because either side may commence another action. |
Miller, et al. v. Nodak Ins. Co. 2023 ND 37 Highlight: Interpretation of an insurance policy presents a question of law, reviewed de novo on appeal. |
Arthaud v. Fuglie 2023 ND 36 Highlight: The Uniform Single Publication Act precludes the discovery rule from applying to statements made to the public. |
Boutrous, et al. v. Transform Operating Stores, et al. 2023 ND 35 Highlight: A summary eviction action may be brought to recover the possession of real estate if a lessee violates a material term of the written lease agreement between the lessor and lessee. |
State v. McLaughlin 2023 ND 34 Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(8) and (4). |
Nevin, et al. v. Kennedy, et al. 2023 ND 33 Highlight: The primary purpose in interpreting a deed is to ascertain the grantor’s intent. |