New opinions: June 3 Thursday, June 3, 2021
The Supreme Court has issued 12 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
Guardianship and Conservatorship of S.M.H. 2021 ND 104 Highlight: Only judgments and decrees which constitute a final judgment of the rights of the parties and certain orders enumerated by statute are appealable. |
State v. Black 2021 ND 103 Highlight: When reviewing a district court’s finding of exigent circumstances, the findings of fact are reviewed giving due weight to the inferences drawn from those facts by judges and law enforcement. A de novo review is applied to the ultimate determination of whether the facts constitute exigent circumstances. |
State v. Coleman 2021 ND 102 Highlight: An order deferring imposition of sentence entered after a jury verdict is affirmed under N.D.R.App.P. 35.1(a)(3). |
State v. Howard 2021 ND 101 Highlight: An order dismissing a complaint, information, indictment, or any count thereof, with or without prejudice, is appealable under N.D.C.C. § 29-28-07(1). |
Boutrous v. Transform Operating Stores, et al. 2021 ND 100 Highlight: Under N.D.R.Civ.P. 54(b), if an action presents more than one claim for relief, or if multiple parties are involved, the district court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties’ rights and liabilities. |
PLS Services v. Clear Creek Retirement Plan, et al. 2021 ND 99 Highlight: A N.D.R.Civ.P. 54(b) certification of judgment may be appropriate if the certified judgment completely decides an entire claim. |
McDougall, et al. v. AgCountry Farm Credit Services, et al. 2021 ND 98 Highlight: The principle of law of the case requires that the same legal question previously determined on appeal will not be decided differently on a second appeal in the same case where the facts remain the same. |
WSI v. Felan, et al. 2021 ND 97 Highlight: Section 65-01-02(11)(a)(3), N.D.C.C., requires claimants to prove a compensable heart-related injury by showing with reasonable medical certainty their employment caused the injury and unusual stress was at least 50% of the cause of the injury. |
Mistic v. Mistic 2021 ND 96 Highlight: An amended divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
Tesoro Great Plains Gathering & Marketing v. Mountain Peak Builders 2021 ND 95 Highlight: If the obligation a lien secures is satisfied, the lien is extinguished and no longer valid. |
Dixon v. Dixon 2021 ND 94 Highlight: Appeal dismissed in supervised administration of a trust due to lack of a final order or judgment, or a N.D.R.Civ.P. P. 54(b) certification. |
State v. Mitchell 2021 ND 93 Highlight: An order dismissing a criminal complaint, information, or indictment is the equivalent of an order quashing an information or indictment and is therefore appealable under the statute. The State may either appeal an adverse ruling on probable cause or issue a new complaint upon the offer of additional evidence or other good cause. |