Opinions

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.

ICON HD v. National Sports Opportunity Partners, et al. 2025 ND 95
Docket No.: 20240265
Filing Date: 5/8/2025
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: A party must include affirmative defenses in its responsive pleading.

A party may have privity with another party that bars new litigation under res judicata.

Releases contained in a settlement agreement are subject to normal rules of contract interpretation.

Nagle v. Nagle 2025 ND 94
Docket No.: 20240260
Filing Date: 5/8/2025
Case Type: Appeal - Civil - Divorce
Author: Bahr, Douglas Alan

Highlight: Interlocutory orders in an action are merged into the final judgment and may be reviewed on appeal of that judgment.

A district court considers the Ruff-Fischer guidelines when distributing marital property. The "duration of the marriage" factor is only one factor and is the length of the marriage being dissolved by the court, irrespective of whether there was a prior marriage or marriages with the same party or another person.

In a short-term marriage, the district court may return to the parties what they brought into the marriage, but the division of property and debt must be equitable.

Matter of Robinson 2025 ND 93
Docket No.: 20250057
Filing Date: 5/8/2025
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: A person with a felony conviction petitioning for a name change must prove by clear and convincing evidence that the name change request is not based upon an intent to defraud or mislead, is made in good faith, will not cause injury to an individual, and will not compromise public safety.

ND Indoor RV Park v. State, et al. 2025 ND 92
Docket No.: 20240293
Filing Date: 5/8/2025
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: The right to appeal is governed by statute, and without a statutory basis to hear an appeal, we do not have jurisdiction and we must dismiss the appeal.

This Court's authority to issue supervisory writs is derived from Art. VI, § 2, N.D. Const., which vests this Court with appellate and original jurisdiction with authority to issue, hear, and determine such original and remedial writs as may be necessary to properly exercise its jurisdiction. This Court exercises its discretionary authority to issue supervisory writs rarely and cautiously, and only in cases when no adequate alternative remedy exists.

Public officials are protected by qualified immunity unless it is shown that (1) the official violated a statutory or constitutional right, and (2) the right was clearly established at the time of the challenged conduct.

To prove a substantive due process violation, one must establish a constitutionally protected property interest and that a public official used their power in such an arbitrary and oppressive way that it shocks the conscience.

To prove a procedural due process violation, one must establish that: (1) a public official deprived them of some life, liberty, or property interest, and (2) the deprivation of that interest was done without due process. Procedural due process necessitates a notice and a meaningful opportunity to be heard.

Dismissal for lack of subject matter jurisdiction is generally appropriate if the plaintiff fails to exhaust administrative remedies.