Search Tips

Opinions

1 - 10 of 12120 results

Matter of Emelia Hirsch Trust 2019 ND 264
Docket No.: 20190162
Filing Date: 11/1/2019
Case Type: PROBATE - WILLS - TRUSTS
Author: Per Curiam

Highlight: An order denying a motion to vacate and terminate a trust is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Rocky Mountain Steel Foundations. v. Brockett Company, et al. 2019 ND 252
Docket No.: 20190121
Filing Date: 10/29/2019
Case Type: OIL, GAS AND MINERALS
Author: VandeWalle, Gerald W.

Highlight: A lienholder who recovers in a suit upon a bond is entitled to recover a reasonable attorney’s fee for the proceedings before the district court and for a successful appeal.

Huerd v. General Motors, LLC 2019 ND 249
Docket No.: 20190125
Filing Date: 10/29/2019
Case Type: OTHER (Civil)
Author: Per Curiam

Highlight: An action brought in small claims court is subject to the doctrine of res judicata. A small claims court’s judgment cannot be appealed in district court. Unless requested by a party, oral argument on a motion under N.D.R.Ct. 3.2 is not required.

State v. G.C.H. 2019 ND 256
Docket No.: 20190136
Filing Date: 10/29/2019
Case Type: DRUGS/CONTRABAND
Author: Crothers, Daniel John

Highlight: The question of law certified by a North Dakota district court is not answered because it is not dispositive of the case. The North Dakota Supreme Court exercises supervisory jurisdiction to reverse the district court’s order finding a 16 and 17 year old married person was not a “child” under N.D.C.C. § 27-20-02(4)(b) when the offenses allegedly were committed. Reversed and remanded with directions to vacate the judgment and dismiss the case for lack of subject matter jurisdiction.

State v. Ruddell 2019 ND 250
Docket No.: 20190139
Filing Date: 10/29/2019
Case Type: DRUGS/CONTRABAND
Author: Per Curiam

Highlight: District court criminal judgment summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Herman v. Herman, et al. 2019 ND 248
Docket No.: 20190150
Filing Date: 10/29/2019
Case Type: PROBATE - WILLS - TRUSTS
Author: Jensen, Jon J.

Highlight: N.D.C.C. § 59-10.1-03(1) requires receipt of the notice, proven through the presumption or otherwise, to begin the 120 day limitation period. The presumption under N.D.C.C. § 59-10.1-03(1) is rebuttable.

It was an abuse of discretion for a district court to deny time for additional discovery under N.D.R.Civ.P. 56(f) when the motion for summary judgment was filed within four days of the service of the complaint and the motion for summary judgment was resolved as the result of a material fact established through a presumption.

Fettig v. Fettig, et al. 2019 ND 261
Docket No.: 20190102
Filing Date: 10/29/2019
Case Type: REAL PROPERTY
Author: VandeWalle, Gerald W.

Highlight: Real property can be gifted to a minor if there is an intention by the donor to then and there give the property to the donee, coupled with an actual or constructive delivery of the property to the donee, and acceptance of the property by the donee.
The doctrine of res judicata does not bar claims to quiet title for different parcels of land, but collateral estoppel may bar the relitigation of issues previously litigated in prior quiet title actions.

Interest of J.B. 2019 ND 258
Docket No.: 20190111
Filing Date: 10/29/2019
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: Jensen, Jon J.

Highlight: When a committed individual petitions for discharge from commitment as a sexually dangerous individual, the State must prove the individual remains a sexually dangerous individual by clear and convincing evidence.

The district court must find the committed individual has serious difficulty controlling his behavior to continue that person’s commitment as a sexually dangerous individual.

Interest of D.V.A. 2019 ND 253
Docket No.: 20190118
Filing Date: 10/29/2019
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: Per Curiam

Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Vetter 2019 ND 262
Docket No.: 20190054
Filing Date: 10/29/2019
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Tufte, Jerod E.

Highlight: Under N.D.R.Ev. 201(b)(2), a court may judicially notice a fact that is not subject to reasonable dispute because it can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

Section 14-09-22, N.D.C.C., is not unconstitutionally vague.

Page 1 of 1212