Opinions

Reciprocal Discipline of Odegaard 2025 ND 118
Docket No.: 20250115
Filing Date: 6/18/2025
Case Type: Discipline - Attorney - Reciprocal
Author: Per Curiam

Highlight: Lawyer disbarred

Anderson v. Anderson 2025 ND 117
Docket No.: 20240343
Filing Date: 6/18/2025
Case Type: Appeal - Civil - Divorce
Author: Per Curiam

Highlight: A divorce judgment entered after a bench trial is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Roth, et al. v. Meyer, et al. 2025 ND 116
Docket No.: 20240324
Filing Date: 6/18/2025
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: The mandate rule, a more specific application of law of the case, requires the trial court to follow pronouncements of an appellate court on legal issues in subsequent proceedings and to carry the appellate court's mandate into effect according to its terms.

When a finding requires proof by clear and convincing evidence in the trial court, our review on appeal applies the clearly erroneous standard under N.D.R.Civ.P. 52(a) in the context of the required standard of proof.

The burden of proving adverse possession rests with the person alleging it and must be established by clear and convincing evidence. Beyond the elevated burden of clear and convincing evidence, "special rigor" is required to prove adverse possession against a family member.

Adverse possession requires possession hostile to the true owner—meaning possession that is inconsistent with the owner's rights and gives notice of adverse claims.

For purposes of establishing adverse possession, a claimant's subjective belief he owned the property is not relevant.

Because the notice requirement is a fundamental part of an adverse possession claim, a claimant cannot establish a prima facie case by relying solely on his testimony as to his subjective hostile intent. He must introduce evidence that such intent was objectively made manifest by his observable words or actions.

The absence of an agreement does not establish hostility for an adverse possession claim. Whether an agreement existed is relevant, but the presence or absence of an agreement is not the essential finding.

Recorded documents cannot establish adverse possession because they are not evidence of hostile acts for purposes of adverse possession.

Unjust enrichment requires (1) an enrichment; (2) an impoverishment; (3) a connection between the enrichment and the impoverishment; (4) absence of a justification for the enrichment and impoverishment; and (5) an absence of a remedy provided by law.

State v. Gramkow 2025 ND 115
Docket No.: 20250034
Filing Date: 6/18/2025
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A criminal judgment entered after a jury trial is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Carpenter v. Southbay Homeowners Association 2025 ND 114
Docket No.: 20240327
Filing Date: 6/18/2025
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: The right to enforce a restriction may be lost by waiver. A waiver occurs when a person voluntarily and intentionally relinquishes a known right or privilege. Generally, the existence of a waiver is a question of fact, but if circumstances of an alleged waiver are admitted or clearly established and reasonable persons can draw only one conclusion from those circumstances, the existence of waiver is a question of law. Whether a waiver has occurred depends on the facts and circumstances of each particular case.

A party may waive a condition despite the presence of a non-waiver provision. But, to establish a non-waiver provision is not enforceable, the party asserting a waiver must show a clear intent to waive both the waiver clause and the underlying contract provision.

A court may award just damages and single or double costs, including reasonable attorney's fees, if it determines an appeal is frivolous. Affirming a summary judgment does not necessarily mean the appeal is frivolous.

Interest of Hicks 2025 ND 113
Docket No.: 20250025
Filing Date: 6/18/2025
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

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

Glaum v. Drake 2025 ND 112
Docket No.: 20250005
Filing Date: 6/18/2025
Case Type: Appeal - Civil - Contracts
Author: McEvers, Lisa K. Fair

Highlight: When claims are fully adjudicated on the merits following a bench trial, the district court correctly enters a judgment of dismissal with prejudice.

The judgment of dismissal with prejudice is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).

Gum v. Muddy Boyz Drywall 2025 ND 111
Docket No.: 20250045
Filing Date: 6/5/2025
Case Type: Appeal - Civil - Contracts
Author: Bahr, Douglas Alan

Highlight: A party does not have a right to appeal if there is no final judgment or proper N.D.R.Civ.P. 54(b) certification.

Kemp, et al. v. Kvislen, et al. 2025 ND 110
Docket No.: 20240356
Filing Date: 6/5/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Per Curiam

Highlight: A district court judgment denying a petition for nonparent custody or visitation is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Gonzalez v. State 2025 ND 109
Docket No.: 20250019
Filing Date: 6/5/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: Generally, attacking an expired sentence is a moot argument. When the criminal judgment does not include a term of probation, the expired sentence does not continue to have collateral consequences. When a term of imprisonment has been completed, any additional credit for time served is academic and irrelevant. 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.