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Interest of M.R.2022 ND 68 Docket No.: 20210204 Filing Date: 3/31/2022 Case Type: JUVENILE LAW Author: Tufte, Jerod E.
Highlight:The Court does not render advisory opinions, and an appeal will be dismissed if the issues become moot or academic, leaving no actual controversy to be determined.
An appeal is not moot if the district court’s decision continues to have collateral consequences for the appealing party. Collateral consequences cannot be too remote or speculative and cannot be duplicative of preexisting consequences.
Burris v. Burris2022 ND 67 Docket No.: 20210178 Filing Date: 3/31/2022 Case Type: DIVORCE/PROPERTY DIV./ALIMONY Author: Jensen, Jon J.
Highlight:An order denying the elimination or modification of a spousal support obligation affects a substantial right and can be appealed to this Court.
A voluntary payment of an award of attorney’s fees renders the issue moot and waives the party’s right to appeal that issue.
Whether there has been a material change in circumstances warranting modification or elimination of the spousal support obligation is subject to the clearly erroneous standard of review.
Section 14-05.24.1, N.D.C.C., dealing with spousal support awards, does not provide for retroactive effect. Where there was no change to a 2006 judgment, the statute cannot be applied retroactively.
Beck v. NDDOT2022 ND 66 Docket No.: 20210312 Filing Date: 3/31/2022 Case Type: TRANSPORTATION DEPT. Author: Jensen, Jon J.
Highlight:Section 39-08-01(1)(a), N.D.C.C., provides that a person may not drive or be in actual physical control of any vehicle upon a highway or upon public or private areas to which the public has a right of access for vehicular use in this state if that person has an alcohol concentration of at least eight one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after the driving or being in actual physical control of a vehicle.
At an administrative hearing, a report and notice form is prima facie evidence of its contents, including the time of driving. The time of driving may be placed into question at the administrative hearing, such as by cross-examining the testifying officer at the hearing.
While reasonable inferences can be drawn from the evidence at an administrative hearing, a reasoning mind must be able to reasonably find the Department met its burden of proving the chemical test was administered within two hours of the time of the driving.
