New opinions: October 10, 2024Thursday, October 10, 2024
Curtis v. Curtis, et al. 2024 ND 188 Docket No.: 20240115 Filing Date: 10/10/2024 Case Type: Appeal - Civil - Divorce Author: Tufte, Jerod E.
Highlight:An appeal from a district court judgment is dismissed because the appeal was untimely. The time to appeal the judgment was not tolled under N.D.R.App.P. 4(a)(3)(A)(vi) because a Rule 60, N.D.R.Civ.P., motion was not filed and served within 28 days from notice of entry of judgment.
Samaniego v. State 2024 ND 187 Docket No.: 20240090 Filing Date: 10/10/2024 Case Type: Appeal - Civil - Post-Conviction Relief Author: Bahr, Douglas Alan
Highlight:A prosecutor's question to a law enforcement officer whether, at any point during the officer's investigation, the officer interviewed the defendant did not violate the defendant's Fifth Amendment rights.
A court considering a motion for new trial based on alleged jury misconduct is prohibited from hearing testimony from or receiving declarations of jurors, subject to the exceptions under N.D.R.Ev. 606(b).
Guardianship and Conservatorship of K.H.P. 2024 ND 189 Docket No.: 20240021 Filing Date: 10/10/2024 Case Type: Appeal - Civil - Guardian/Conservator Author: McEvers, Lisa K. Fair
Highlight:Unless a statute imposing a time limit declares the time limit is jurisdictional, we will not treat the time limit as affecting the jurisdiction of a court or administrative agency.
An issue is not justiciable if it is moot or not ripe for review, a party lacks standing, or resolving it would be advisory.
When petitioning for termination of a guardianship, the ward has the burden of establishing a prima facie case that he is no longer incapacitated. If the ward presents evidence strong enough, if uncontradicted, to support a finding in his favor, he has made a prima facie case.
The review process under N.D.C.C. § 30.1-28-04(5) does not provide the court statutory authority to reappoint an expert examiner. At the time of petitioning for termination in this case, N.D.C.C. § 30.1-28-07(3) (2022) did not give the court statutory authority to reappoint an expert examiner in the termination proceedings, or request an evaluative report and testimony.
After the ward establishes a prima facie case, the guardian has the burden of proving by clear and convincing evidence that the ward remains an incapacitated person.
Kath v. Farmers Union Mutual Ins. Co., et al. 2024 ND 190 Docket No.: 20240068 Filing Date: 10/10/2024 Case Type: Appeal - Civil - Personal Injury Author: Crothers, Daniel John
Highlight:An endorsement is part of the insurance contract. The body of an insurance policy and the endorsements are read as a whole with every attempt to give effect to all of the provisions. When there is a conflict between an endorsement and other policy provisions, the endorsement prevails.
