Opinions

Interest of Skorick 2022 ND 141
Docket No.: 20210349
Filing Date: 7/21/2022
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: McEvers, Lisa K. Fair

Allery v. Whitebull 2022 ND 140
Docket No.: 20210316
Filing Date: 7/21/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Greater liberty should be used when considering an N.D.R.Civ.P. 60(b) motion for relief from a judgment when the matter involves a default judgment rather than a judgment on the merits.

A motion under N.D.R.Civ.P. 60(b) should not be used to relieve a party from free, calculated, and deliberate choices. A party is obligated to take legal steps to protect his or her interests.

Courts should grant an N.D.R.Civ.P. 60(b) motion to set aside a default judgment when it is prompt and contains an answer disclosing a meritorious defense.

Allery v. Whitebull 2022 ND 140
Docket No.: 20210316
Filing Date: 7/21/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Norberg v. Norberg, et al. 2022 ND 139
Docket No.: 20220064
Filing Date: 1/5/2023
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: When the district court fails to adequately explain the legal basis for its decision, appellate review of the decision is not possible and remand is appropriate.

Norberg v. Norberg, et al. 2022 ND 139
Docket No.: 20220064
Filing Date: 7/21/2022
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Mbulu v. State 2022 ND 138
Docket No.: 20210224
Filing Date: 7/7/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: A party opposing a motion to summarily dismiss a claim for post-conviction relief is entitled to all reasonable inferences and is entitled to an evidentiary hearing if a reasonable inference raises a genuine issue of material fact.

A claim for post-conviction relief may be deemed abandoned if it is not further developed after it is first made in the application for post-conviction relief.

Mbulu v. State 2022 ND 138
Docket No.: 20210224
Filing Date: 7/7/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Baker v. Erickson 2022 ND 137
Docket No.: 20210288
Filing Date: 7/7/2022
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A tribal court restraining order is not entitled to full faith and credit in North Dakota state courts if the tribal court did not have personal or subject matter jurisdiction over the parties or matter.

Baker v. Erickson 2022 ND 137
Docket No.: 20210288
Filing Date: 7/7/2022
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Berdahl v. Berdahl 2022 ND 136
Docket No.: 20210320
Filing Date: 7/7/2022
Case Type: Appeal - Civil - Divorce - Property
Author: McEvers, Lisa K. Fair

Highlight: A district court’s valuations of marital property are not clearly erroneous if they are within the range of evidence, and the value the court gives to marital property depends on the evidence presented.

Both economic and noneconomic fault may be considered in dividing marital property, but evidence presented may indicate both parties must share responsibility for the failure of the marriage.

Section 14-05-24(1), N.D.C.C. (2017), is not ambiguous and the district court does not have discretion to choose a valuation date for the marital estate. A court clearly errs by including property acquired after the valuation date provided by statute.

District court requiring one party to continue to pay post-separation marital expenses was equitable, as paying party had greater earnings and earning capacity and the obligation to pay had predetermined end date.

Rehabilitative spousal support may be awarded to provide receiving spouse with opportunity to acquire education, training, work skills, or experience to become self-sustaining.

A district court abuses its discretion by awarding attorney’s fees without proper statutory authority and without specific findings relating to ability to pay and need.