New opinions: March 3 Friday, March 3, 2023

Kainz, et al. v. Jacam Chemical Co. 2013 2023 ND 42
Docket No.: 20220135
Filing Date: 3/3/2023
Case Type: EMPLOYER/EMPLOYEE DISPUTE
Author: Bahr, Douglas Alan

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.

The mere pendency of a legal action in one state, alone, does not require abating an action in a second state involving the same parties and the same subject matter.

Under the principles of comity, the district court has discretion to stay an action properly within its jurisdiction until a court in another jurisdiction concludes litigation involving the same parties and subject matter.

Henry Hill Oil Services v. Tufto, et al. 2023 ND 41
Docket No.: 20220212
Filing Date: 3/3/2023
Case Type: OIL, GAS AND MINERALS
Author: Crothers, Daniel John

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.

A property owner that successfully contests the validity or accuracy of a construction lien is entitled to an award of costs and attorney’s fees.

Interest of Sternberg 2023 ND 40
Docket No.: 20220147
Filing Date: 3/3/2023
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: Tufte, Jerod E.

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.

Additionally, the State must establish the individual has serious difficulty in controlling behavior, as required by substantive due process.

Interest of A.P. 2023 ND 39
Docket No.: 20220201
Filing Date: 3/3/2023
Case Type: JUVENILE LAW
Author: Bahr, Douglas Alan

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.

In juvenile matters, an aggrieved party, including the state or a subdivision of the state, may appeal from a final order, judgment, or decree of the juvenile court by filing written notice of appeal.

Olympic Financial Group, et al. v. ND Dep't of Financial Institutions 2023 ND 38
Docket No.: 20210361
Filing Date: 3/3/2023
Case Type: OTHER (Civil)
Author: Jensen, Jon J.

Highlight: Ordinarily, a dismissal without prejudice is not appealable because either side may commence another action.

A dismissal without prejudice may be final and appealable if the plaintiff cannot cure the defect that led to dismissal or if it has the practical effect of terminating the litigation in the plaintiff’s chosen forum.

A district court’s authority to grant declaratory relief requires the exhaustion of administrative remedies.

Miller, et al. v. Nodak Ins. Co. 2023 ND 37
Docket No.: 20210341
Filing Date: 3/3/2023
Case Type: INSURANCE
Author: Jensen, Jon J.

Highlight: Interpretation of an insurance policy presents a question of law, reviewed de novo on appeal.

Exclusions from coverage must be clear and explicit and are strictly construed against the insurer.

While exclusionary clauses are strictly construed, an insurance contract will not be rewritten to impose liability when the policy language unambiguously precludes coverage.

Arthaud v. Fuglie 2023 ND 36
Docket No.: 20220234
Filing Date: 3/3/2023
Case Type: OTHER (Civil)
Author: Jensen, Jon J.

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
Docket No.: 20220090
Filing Date: 3/3/2023
Case Type: LANDLORD/TENANT
Author: Per Curiam

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.

Whether a lease has been fully complied with should be treated as a finding of fact because the rules of construction relating to contracts generally apply to the construction of leases.

In a bench trial, the district court is the determiner of credibility issues and we will not second-guess the district court on its credibility determinations. Findings of the trial court are presumptively correct.

An order holding a person in contempt is a final order for purposes of appeal. A contempt order is immediately appealable.

State v. McLaughlin 2023 ND 34
Docket No.: 20220252
Filing Date: 3/3/2023
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Per Curiam

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
Docket No.: 20220136
Filing Date: 3/3/2023
Case Type: OIL, GAS AND MINERALS
Author: Crothers, Daniel John

Highlight: The primary purpose in interpreting a deed is to ascertain the grantor’s intent.

Deeds are interpreted to give effect to the mutual intention of the parties as it existed at the time of contracting. A contract may be explained by reference to the circumstances under which it was made and the matter to which it relates.