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Highlight: Speculation on whether a different mode of sale may have brought a better price does not support a finding of commercial unreasonableness. A creditor is to demonstrate every aspect of a disposition is commercially reasonable, including "the method, manner, time, place and terms."
Kreidt v. Burlington Northern Railroad, et al.
2000 ND 150
Docket No.: 19990381
Filing Date: 7/26/2000
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald
Garofalo v. St. Joseph's Hospital, et al.
2000 ND 149
Docket No.: 20000035
Filing Date: 7/26/2000
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald
Highlight: If the terms of a contract are ambiguous, extrinsic evidence regarding the parties' intent may be considered, and the terms of the contract and parties' intent are questions of fact, not questions of law.
State v. Entzi
2000 ND 148
Docket No.: 19990329
Filing Date: 7/24/2000
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald
Tulintseff v. Jacobsen
2000 ND 147
Docket No.: 20000029
Filing Date: 7/20/2000
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol
Highlight: Remand for clarification of findings of fact is unnecessary when, through inference or deduction, this Court can discern the rationale for the result reached by the trial court. A trial court's determination on whether the presumption against awarding custody to the perpetrator of domestic violence is applicable is a finding of fact which will not be reversed unless it is clearly erroneous.
Disciplinary Action Against Robb
2000 ND 146
Docket No.: 20000096
Filing Date: 7/20/2000
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam
Highlight: Disciplinary Counsel must prove each violation by clear and convincing evidence. When an attorney commingles part of a client's share of settlement proceeds with the attorney's own property, the attorney violates the duty to safekeep client property.
Holen v. ND Workers Comp. Bureau, et al.
2000 ND 145
Docket No.: 19990320
Filing Date: 7/20/2000
Case Type: Appeal - Administrative - Workers Compensation
Author: Neumann, William
Cox v. Cox
2000 ND 144
Docket No.: 19990279
Filing Date: 7/20/2000
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale
Hill v. State
2000 ND 143
Docket No.: 20000018
Filing Date: 7/20/2000
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol
Highlight: An order granting a new trial is a final judgment under the Uniform Post-Conviction Procedure Act and is appealable. The defendant has a right to be present when testimony is read back to a jury. To uphold a conviction, the State must demonstrate a violation of the defendant's right to be present was harmless beyond a reasonable doubt.
Comes v. State
2000 ND 142
Docket No.: 20000023
Filing Date: 7/20/2000
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
