Opinions

Sims v. Sims, et al. 2020 ND 110
Docket No.: 20190248
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: Extended parenting time with a fit non-custodial parent is routinely awarded if the child is old enough, absent a reason for denying it.

A district court’s property valuations and distribution in a divorce case are findings of fact, which will not be reversed on appeal unless they are clearly erroneous.

The district court may not order a property distribution that is inconsistent with the parties’ settlement agreement without providing an explanation for its decision.

The court may not order remedial sanctions for contempt without a finding of contempt.

Horvath v. State 2020 ND 109
Docket No.: 20190344
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court’s order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Traynor Law Firm v. State, et al. 2020 ND 108
Docket No.: 20190310
Filing Date: 5/14/2020
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: A district court judgment determining the State is responsible to pay attorney’s fees for removal of a county officer is affirmed and awarding interest at 6% per year is reversed.

Jacobs-Raak v. Raak, et al. 2020 ND 107
Docket No.: 20190123
Filing Date: 5/7/2020
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Only judgments and decrees constituting a final judgment and specific orders enumerated by statute are appealable.

A two-step analysis is used to evaluate the finality of orders for review: the order or judgment must be appealable under N.D.C.C. § 28-27-02, and the requirements of N.D.R.Civ.P. 54(b), if applicable, must be met.

The district court has broad discretion in making contempt decisions, which will only be disturbed on appeal if the court abused its discretion.

The district court errs as a matter of law if it fails to comply with the child support guidelines in determining an obligor’s child support obligation.

An agreement purporting to relieve an obligor of any current or future duty of child support is void.

State v. Wayland 2020 ND 106
Docket No.: 20190274
Filing Date: 5/7/2020
Case Type: Appeal - Criminal - Theft
Author: Jensen, Jon J.

Highlight: Although the reason for the continuance is absent from the record, under de novo review a district court did not violate the Appellant’s right to a speedy trial by continuing the trial to a later date.

Albrecht v. Albrecht, et al. 2020 ND 105
Docket No.: 20190222
Filing Date: 5/7/2020
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: A motion to dismiss a complaint under N.D.R.Civ.P. 12(b)(6) tests the legal sufficiency of the statement of the claim presented in the complaint.

A district court’s decision granting a motion to dismiss is reviewed de novo on appeal.

To have standing to litigate an issue, a party must have suffered some injury from the putatively illegal action and must assert the party’s own legal rights and interests.

Arnold, et al. v. Trident Resources, et al. 2020 ND 104
Docket No.: 20190322
Filing Date: 5/7/2020
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: A district court’s order imposing sanctions for contempt did not provide a sufficient record to review the appropriateness of the sanction.

Decker v. WSI, et al. 2020 ND 103
Docket No.: 20200014
Filing Date: 5/7/2020
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: District court judgment affirming an administrative law judge’s decision denying further workers’ compensation benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Hewitt v. NDDOT 2020 ND 102
Docket No.: 20190389
Filing Date: 5/7/2020
Case Type: Appeal - Administrative - Department of Transportation
Author: McEvers, Lisa K. Fair

Highlight: Copies of official Department of Transportation records may be certified as correct by Department employees who are not acting in a director capacity.

Record custodians are not required to swear an oath of office prior to certifying copies of official records under N.D.R.Ev. 902(4).

State v. Michel 2020 ND 101
Docket No.: 20190319
Filing Date: 5/7/2020
Case Type: Appeal - Criminal - Theft
Author: Tufte, Jerod E.

Highlight: A district court’s response to a jury request for supplemental instructions is reviewed for an abuse of discretion.

The identity of the victim is not an element of theft and may be disregarded as surplusage.

A victim is entitled to be made whole through a reasonable restitution based on the entirety of his actual losses.