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Malloy, et al. v. Behrens
2022 ND 43
Docket No.: 20210155
Filing Date: 3/3/2022
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald
Highlight: An appeal is not moot when the appellant fails to request a stay on an order directing the sale of homestead property if the property was sold to a party interested in the action and the sale is not yet final.
In proceedings to force the sale of homestead property to satisfy a judgment, there must be an execution levied upon the property at the time of the petition for an appraisal of the property.
Malloy, et al. v. Behrens
2022 ND 43
Docket No.: 20210155
Filing Date: 3/3/2022
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald
Vacancy in Judgeship No. 6, ECJD
2022 ND 42
Docket No.: 20220042
Filing Date: 2/25/2022
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam
Highlight: Judgeship retained at Fargo.
Vacancy in Judgeship No. 6, ECJD
2022 ND 42
Docket No.: 20220042
Filing Date: 2/25/2022
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam
Baker v. Autos, Inc., et al.
2022 ND 41
Docket No.: 20210202
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John
Highlight: A district court’s decision on a motion for a new trial is reviewed for abuse of discretion.
The law of the case doctrine and the mandate rule restrict proceedings on remand to the district court.
Jury instructions should fairly inform the jury of the law applicable to the case.
Baker v. Autos, Inc., et al.
2022 ND 41
Docket No.: 20210202
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John
City of Jamestown v. Kastet
2022 ND 40
Docket No.: 20210170
Filing Date: 2/18/2022
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John
Highlight: A defendant is entitled to a jury instruction on a legal defense if there is evidence to support it.
In determining whether the jury should have received an instruction on a particular defense, this Court views the evidence in the light most favorable to the defendant.
If the district court evaluates the evidence supporting a proposed defense and declines to charge on that defense, it dilutes the defendant’s jury trial by removing the issue from the jury’s consideration.
City of Jamestown v. Kastet
2022 ND 40
Docket No.: 20210170
Filing Date: 2/18/2022
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John
Taylor v. Taylor
2022 ND 39
Docket No.: 20210214
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair
Highlight: An attempted appeal from an order for judgment will be treated as an appeal from a subsequently entered consistent judgment, if one exists.
A district court is generally not required to do a line-by-line best-interest analysis for each individual child, but factual findings should be stated with sufficient specificity for reviewing court to understand basis for its decision.
Expert testimony is unnecessary for a showing that physical or emotional harm is likely to result from parenting time, and general testimony of a parent may suffice.
Visitation with a noncustodial parent may be temporarily suspended where it is likely to endanger the children’s physical or emotional health.
District court order granting sole decisionmaking authority to custodial parent must be in the children’s best interests.
Visitation provisions controlled by custodial parent should be utilized only in exceptional circumstances and when custodial parent demonstrates willingness to foster parent-child relationship. Custodial parent may be permitted to monitor visitation between children and noncustodial parent.
Taylor v. Taylor
2022 ND 39
Docket No.: 20210214
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair
