Opinions

Moen, et al. v. Thomas, et al. (CROSS-REFERENCE W/20000169) 2001 ND 110
Docket No.: 20000111
Filing Date: 6/8/2001
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: The existence of an attorney-client relationship is ordinarily a question of fact.

Johnson v. Johnson 2001 ND 109
Docket No.: 20000309
Filing Date: 6/8/2001
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A finding by the trial court as to future intentions of a party is not affected by a subsequent decision by that party to engage in conduct contrary to the finding, and the subsequent conduct does not constitute grounds for a new trial on the basis of newly discovered evidence.
An irregularity in proceedings that will justify a new trial is one that prevents a party from having a fair trial.

Demming v. Demming 2001 ND 108
Docket No.: 20000363
Filing Date: 6/8/2001
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

State v. Abnar (CONSOLIDATED w/20000288) 2001 ND 107
Docket No.: 20000287
Filing Date: 6/8/2001
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Judgments of conviction for possession of drug paraphernalia and possession of a controlled substance with intent to deliver are summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Aune (cross-ref. w/20020106) 2001 ND 106
Docket No.: 20000294
Filing Date: 6/8/2001
Case Type: Appeal - Criminal - Other
Author: Per Curiam

Highlight: The trial court's judgment of conviction for a violation of N.D.C.C. 12.1-10-05 is affirmed under N.D.R.App.P. 35.1(a)(1).

State v. Schwartz 2001 ND 105
Docket No.: 20000339
Filing Date: 6/8/2001
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Jury verdict of guilty on two counts of misdemeanor sexual assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4).

Jorgenson, et al. v. Agway, Inc. 2001 ND 104
Docket No.: 20000300
Filing Date: 5/25/2001
Case Type: Certified Question - Civil - Civil
Author: VandeWalle, Gerald

Highlight: North Dakota's Consumer Fraud Act, N.D.C.C. ch. 51-15, applies to a farmer who purchases confection sunflower seed for use in cultivating a sunflower crop for subsequent sale and who alleges the seed is defective and marketed in violation of the Act.

Larson v. Norkot Manufacturing, et al. 2001 ND 103
Docket No.: 20000321
Filing Date: 5/24/2001
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: The discovery rule tolls the statute of limitations in malpractice actions until the plaintiff knows, or with reasonable diligence should know, of the injury, its cause, and the defendant's possible negligence.
To trigger the running of the statute of limitations, a plaintiff need not fully appreciate the potential liability or be convinced of his or her injury, but need only know enough to be on notice of a potential claim.

Remmick v. Whitman, et al. 2001 ND 102
Docket No.: 20000364
Filing Date: 5/24/2001
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: The interest of a recorded mineral deed grantee, who is not a named party in a subsequent action to foreclose a mortgage on the real property, is not affected by the foreclosure action.

Triple Quest, Inc. v. Cleveland Gear Co., Inc. 2001 ND 101
Docket No.: 20000281
Filing Date: 5/24/2001
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: An order dismissing an action without prejudice on the ground that jurisdiction or venue is proper in another state based on a contractual forum selection clause is appealable.
When an interest has been transferred during an action, the transferee need not be substituted or joined as a party to have standing to pursue an appeal.