New opinions: March 19 Thursday, March 19, 2020
The Supreme Court has issued 18 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: /supreme-court/opinions
|
Interest of A.P.D.S.P.-G. 2020 ND 72 Highlight: A juvenile court does not have an obligation to ensure a party’s presence. Under N.D.R.Juv.P. 10(a)(3), a parent of a child must be present unless excused by the court. |
|
Matter of Hogen Trust B 2020 ND 71 Highlight: A district court may clarify its own previous order. Due process is an opportunity to be heard at a meaningful time and meaningful manner and is complied with if the party has an opportunity, but argues other issues. A party that does not raise an issue in the district court cannot argue the issue for the first time on appeal. |
|
Martodam v. Martodam 2020 ND 70 Highlight: Interlocutory orders in an action are merged into the final judgment and may be reviewed on appeal of that judgment. A final judgment supersedes an interim order’s parenting provisions, which are by nature temporary. |
|
State v. Cook 2020 ND 69 Highlight: In determining whether the moving party has established a prima facie case of an illegal seizure, a district court may consider evidence already in the record. |
|
State v. Eggleston 2020 ND 68 Highlight: The district court did not err in dismissing the defendant’s motion for an acquittal because there was sufficient evidence for the jury to convict defendant and for the jury to conclude he was not acting in self-defense. |
|
Lakeview Excavating, Inc. v. Dickey County, et al. 2020 ND 67 Highlight: Determining when a cause of action accrues is usually a question of fact, but it becomes a question of law when the material facts are undisputed. Under the discovery rule the accrual of a claim is postponed until the plaintiff knew, or with the exercise of reasonable diligence should have known, of the wrongful act and its resulting injury. |
|
State v. Awad 2020 ND 66 Highlight: An advisory about possible immigration consequences, like the other advisories in N.D.R.Crim.P. 11(b)(1), need not be repeated immediately prior to entry of a guilty plea if the advisory was given at an earlier hearing and the record reflects the defendant’s knowledge of his rights. |
|
Haas, et al. v. Hudson & Wylie LLP, et al. 2020 ND 65 Highlight: Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. |
|
Big Pines v. Baker, et al. 2020 ND 64 Highlight: The primary purpose in interpreting contracts is to ascertain the parties’ intent. |
|
Bullinger Enterprises v. Dahl, et al. 2020 ND 63 Highlight: Subsection (6) of the six year statute of limitation under N.D.C.C. § 28 01 16 governs fraud and deceit actions. The district court did not err in finding when the plaintiff was placed on notice of its claims and the assertion of a cause of action was outside the six year statute of limitation. |
|
Messmer v. Messmer 2020 ND 62 |
|
SAEJ Enterprises v. WSI 2020 ND 61 Highlight: District court judgment affirming an administrative law judge decision that affirmed a Workforce Safety and Insurance order is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7). |
|
Interest of R.S. 2020 ND 60 Highlight: A district court’s order granting the request for continuing treatment is summarily affirmed under N.D.R.App.35.1(a)(2). |
|
Wasley v. WSI, et al. 2020 ND 59 |
|
Sapa, et al. v. Lofthus 2020 ND 58 Highlight: A district court judgment relating to the cancellation of a contract for deed is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
|
Carlson v. Carlson 2020 ND 57 Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Caster v. State 2020 ND 56 Highlight: A district court order summarily dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
|
Interest of D.M.D. 2020 ND 55 Highlight: Juvenile court orders finding and affirming aggravating circumstances and ending services are summarily affirmed under N.D.R.App.35.1(a)(2),(7). |