Severson v. Gupta, et al. 2025 ND 101 Docket No.: 20240292 Filing Date: 5/22/2025 Case Type: Appeal - Civil - Personal Injury Author: Crothers, Daniel John
Highlight:An appeal from a district court judgment granting a motion for summary judgment is reviewed under the de novo standard.
N.D.R.Civ.P. 56 allows a court to grant summary judgment for prompt and expeditious disposition of a controversy without a trial if either party is entitled to judgment as a matter of law, and if no dispute exists as to either the material facts or the inferences to be drawn from undisputed facts, or if resolving disputed facts would not alter the result.
A district court did not err granting a motion for summary judgment dismissing a claim of medical malpractice because the plaintiff failed to provide an affidavit containing an expert opinion as required by N.D.C.C. § 28-01-46.
Holm v. Holm 2025 ND 100 Docket No.: 20240246 Filing Date: 5/22/2025 Case Type: Appeal - Civil - Divorce - Property Author: Bahr, Douglas Alan
Highlight:This Court may summarily affirm judgments and orders when briefs do not meet the minimum requirements of the North Dakota Rules of Appellate Procedure.
Under the applicable rules, if an electronically filed document is rejected, the tolling of the filing does not change the date of service, which is the date the document was transmitted.
The statutory default valuation date under N.D.C.C. § 14-05-24(1) is "sixty days before the initially scheduled trial date," not the date of trial.
When a court uses the parties' mutually agreed-to valuations, the court's finding of a different valuation date is harmless as to those assets and debts.
A district court places a value on martial property based on the evidence presented by the parties. When the court is "not given much information" regarding the value of a marital asset, the court's decision is limited by the parties' failure to provide information.
State v. Weltikol 2025 ND 99 Docket No.: 20240336 Filing Date: 5/22/2025 Case Type: Appeal - Criminal - DUI/DUS/APC Author: Per Curiam
Highlight:A criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).
State v. Lewellyn 2025 ND 98 Docket No.: 20240295 Filing Date: 5/22/2025 Case Type: Appeal - Criminal - Terrorizing Author: McEvers, Lisa K. Fair
Highlight:To determine whether a defendant's right to counsel has been violated, this Court has developed a two-step inquiry: (1) whether the defendant's waiver was voluntary; and (2) whether the defendant's waiver was knowing and intelligent. A defendant may indicate a voluntary desire for self-representation with an unequivocal statement or with conduct that is the functional equivalent of such a statement. A knowing and intelligent waiver of the right to counsel depends on the facts and circumstances and requires the defendant to be made aware of the dangers and disadvantages of self-representation so the record establishes the defendant knows what he is doing and his choice is made with eyes open.
Motions for continuance must be promptly filed as soon as the grounds are known and will be granted only for good cause shown. This Court will not reverse a district court's decision to deny a continuance absent an abuse of discretion.
State v. Lewellyn 2025 ND 97 Docket No.: 20240294 Filing Date: 5/22/2025 Case Type: Appeal - Criminal - Terrorizing Author: Per Curiam
Highlight:This Court will not consider an argument that is not adequately articulated, supported, and briefed.
A party waives an error when the party is given the opportunity to address it and intentionally relinquishes the opportunity.
Van Beek v. Van Beek, et al. 2025 ND 96 Docket No.: 20240319 Filing Date: 5/22/2025 Case Type: Appeal - Civil - Divorce Author: Jensen, Jon J.
Highlight:A district court may consider economic misconduct as a basis for an unequal distribution of the marital estate. However, this Court has not previously recognized economic misconduct as a basis for increasing the marital estate through "potential" income or by imputing income.
Attorney's fees awarded under N.D.C.C. § 14-09-29(4) against a perpetrator of domestic violence extends to the recovery for the costs and attorney's fees incurred in a subsequent appeal.
