Opinions

State v. Lee 2004 ND 176
Docket No.: 20030336
Filing Date: 9/15/2004
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Sandstrom, Dale

Highlight: If a party does not object to an alleged error at the time it occurs, and does not give the court time to remedy any possible prejudice that may result, the party waives any ground of complaint against its admission upon appeal.
If a party does not object to an alleged error during trial, the party alleging an error has the burden of proving the alleged error was obvious by showing it is plain and it affects substantial rights of the party. The alleged error is not obvious unless it is a clear deviation from an applicable legal rule under current law.

City of Wahpeton v. Timmerman (Consolidated w/ 20040076 & 20040077) 2004 ND 175
Docket No.: 20040075
Filing Date: 9/15/2004
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Convictions of driving without a license and resisting arrest and subsequent denials of motions to dismiss charges and withdraw guilty pleas are summarily affirmed under N.D.R.App.P. 35.1(a)(1), (2) and (4).

Nodak Mutual Ins. Co. v. Wamsley, et al. 2004 ND 174
Docket No.: 20030374
Filing Date: 9/13/2004
Case Type: Appeal - Civil - Insurance
Author: Kapsner, Carol

Highlight: The significant-contacts approach to choice-of-law questions is appropriate in contract cases with multistate factual contacts.
In insurance contract cases, consideration of predictability of results favors application of the law of the state in which the insurance policy was negotiated, issued, and the premiums paid.

Flatt v. Kantak, et al. 2004 ND 173
Docket No.: 20030285
Filing Date: 9/3/2004
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: A physician must disclose material risks to obtain a patient's informed consent for a medical procedure.
On appeal, a trial court's rulings on expert testimony are reviewed under the abuse-of-discretion standard.
A trial court is not required to instruct a jury in the exact language sought by a party if the court's instructions correctly and adequately inform the jury of the applicable law.
A physician's duty of disclosure in an informed consent case is measured under the reasonable patient standard.
A party challenging the constitutionality of a statute must allege an injury traceable to the statute.

Judicial Conduct Commission v. Giese 2004 ND 172
Docket No.: 20040177
Filing Date: 9/2/2004
Case Type: Discipline - Judge - Original Proceeding
Author: Per Curiam

Highlight: Former municipal judge censured.

Judicial Conduct Commission v. McGuire 2004 ND 171
Docket No.: 20040073
Filing Date: 8/31/2004
Case Type: Discipline - Judge - Original Proceeding
Author: Per Curiam

Highlight: Clear and convincing evidence in a judicial disciplinary proceeding means evidence which leads to a firm belief or conviction that the allegations are true.
In judicial disciplinary proceedings, the party seeking discovery has to show a need for the information beyond mere relevance.
Extra-judicial conduct is not simply conduct arising geographically outside of the courtroom, but is conduct which arises from something outside of the events of the courtroom itself.
Suspending a judge from office without pay does not violate the constitutional directive that a judge's salary shall not be diminished during this term of office.
The purpose of discipline in judicial conduct cases is not to punish a judge, but is to preserve the integrity of the judicial system and public confidence in the system and, when necessary, safeguard the bench and public from those who are unfit.
A respondent in a judicial disciplinary proceeding is not initially responsible for payment of the cost of a hearing transcript, but if the respondent is ultimately found to have committed misconduct, the cost of the hearing transcript may be assessed against the respondent.

Interest of R.H. 2004 ND 170
Docket No.: 20040053
Filing Date: 8/31/2004
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: A party against whom a presumption is directed has the burden of proving that the nonexistence of the presumed fact is more probable than its existence.

Smith Enterprises v. In-Touch Phone Cards, et al. 2004 ND 169
Docket No.: 20040039
Filing Date: 8/31/2004
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: A determination of the terms of an oral contract is a question of fact and will be reversed on appeal only if clearly erroneous.
To prevail on a claim of unlawful interference with business, a plaintiff must prove: (1) the existence of a valid business relationship or expectancy; (2) knowledge by the interferer of the relationship or expectancy; (3) an independently tortious or otherwise unlawful act of interference by the interferer; (4) proof the interference caused the harm sustained; and (5) actual damages to the party whose relationship or expectancy was disrupted.

State v. Spidahl (Consolidated w/20030349-20030352) 2004 ND 168
Docket No.: 20030348
Filing Date: 8/31/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: Probable cause to arrest does not require that commission of the offense be established with absolute certainty, or proved beyond a reasonable doubt.

Investors Real Estate Trust Properties v. Terra Pacific Midwest, et al. 2004 ND 167
Docket No.: 20030363
Filing Date: 8/31/2004
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Maring, Mary

Highlight: A plaintiff alleging negligence must present affirmative evidence that the defendant's conduct caused the injury, and may not establish causation solely by discrediting other possible causes.
A plaintiff relying upon the doctrine of res ipsa loquitur must show the defendant had exclusive control of the specific instrumentality that caused a fire, not merely control of the location or area where the fire occurred.

Grinnell Mutual Reinsurance Co. v. Lynne, et al. 2004 ND 166
Docket No.: 20030217
Filing Date: 8/31/2004
Case Type: Appeal - Civil - Insurance
Author: Kapsner, Carol

Highlight: To successfully oppose a motion for summary judgment, a party must not rely upon unsupported or conclusory allegations.
An insurance policy is not ambiguous when the plain language of the policy precludes coverage.
A causal relationship exists when damage to property arises out of the inherent nature of the work performed.
A house is real property and a fixture when the actions of the owner manifest an intention to have the house remain on the property permanently.

Horner v. Horner 2004 ND 165
Docket No.: 20030367
Filing Date: 8/31/2004
Case Type: Appeal - Civil - Divorce - Property
Author: Neumann, William

Highlight: Duration of a marriage is only one factor of the Ruff-Fischer guidelines and is not controlling in a distribution of marital property.
A party's dissipation of marital assets is a particularly relevant factor in arriving at an equitable distribution of the property.
Periodic cash payments awarded without interest need to be discounted to present value in determining whether a property distribution is equitable.
Distributing farm assets to one spouse with an offsetting monetary award to the other spouse is an acceptable method of preserving the viability of a family farm.

Dietz v. Kautzman, et al. 2004 ND 164
Docket No.: 20030362
Filing Date: 8/31/2004
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: An order or judgment awarding attorney fees and costs as a discovery sanction is ordinarily interlocutory and not appealable, but it is appealable when accompanied by a finding of contempt.
A district court has a broad spectrum of available sanctions for discovery violations, and any sanctions imposed will not be set aside on appeal unless the district court abused its discretion.

State v. Haibeck 2004 ND 163
Docket No.: 20040060
Filing Date: 8/9/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Neumann, William

Highlight: Under the automobile exception to the warrant requirement of the Fourth Amendment to the U.S. Constitution, contraband goods concealed and illegally transported in an automobile or other vehicle may be searched for without a warrant where probable cause exists.
When conducting a search under the automobile exception, law enforcement does not need separate findings of probable cause to support multiple searches of a vehicle when the searches are virtually contemporaneous.
A Miranda violation does not require suppression of the physical fruits of a suspect's unwarned but voluntary statements.
The fact that an officer may have authority to arrest a suspect does not mean that a suspect is in custody for purposes of Miranda.

Grandbois and Grandbois, Inc., et al. v. City of Watford City, et al. 2004 ND 162
Docket No.: 20030250
Filing Date: 8/5/2004
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Neumann, William

Highlight: Summary judgment is proper against a party who fails to make a showing sufficient to establish the existence of an element essential to the party's case and on which that party will bear the burden of proof at trial.
The plaintiff has the burden of showing actual damage and establishing that the actual damage was proximately caused by the alleged fraudulent or deceitful act.

Grand Forks Co. v. Tollefson, et al. 2004 ND 161
Docket No.: 20030370
Filing Date: 8/4/2004
Case Type: Appeal - Civil - Administrative Proceeding
Author: Neumann, William

Highlight: An employee's benefit year, for purposes of calculating a former employer's liability for unemployment benefits, begins when the employee first files a request for determination of insured status, and a subsequent benefit year cannot be established until the expiration of the current benefit year.
In an administrative proceeding, a party's failure to request that a witness be subpoenaed waives the right to have the witness present and available for cross-examination.

State v. Hilgers 2004 ND 160
Docket No.: 20030169
Filing Date: 8/4/2004
Case Type: Appeal - Criminal - Misc. Felony
Author: Neumann, William

Highlight: A trial court is not obligated to issue every subpoena requested by a defendant.
An appellant is required to file a transcript on appeal and assumes the consequences of a failure to do so. An appellate court will decline to review an issue over which it is unable to provide meaningful review.

Interest of J.S. (CONFIDENTIAL) 2004 ND 159
Docket No.: 20040183
Filing Date: 8/4/2004
Case Type: Appeal - Civil - Mental Health
Author: VandeWalle, Gerald

Highlight: In an appeal from a continuing treatment order, our review is limited to a review of the procedures, findings, and conclusions of the lower court.
District court's order based upon finding that less restrictive alternative treatment was not appropriate is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Ficek, et al. v. Morken, et al. 2004 ND 158
Docket No.: 20030295
Filing Date: 8/4/2004
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: The public duty doctrine, that there is no enforceable duty in tort when a statute or common law imposes upon a public entity a duty to the public at large rather than to a particular class of individuals, is incompatible with North Dakota law.

State v. Mitzel 2004 ND 157
Docket No.: 20030359
Filing Date: 8/4/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: The existence of consent and whether it is voluntary is a question of fact to be determined from the totality of the circumstances.
Consent cannot reasonably be implied from silence and failure to object.
Consent should not be lightly inferred, must be proven by clear and positive testimony, and must be unequivocal.
The government has the burden to prove that consent was voluntarily given.
The mere fact that a person has been arrested in violation of his constitutional rights casts grave doubt upon the voluntariness of a subsequent consent.
Miranda warnings are a factor to consider under the voluntariness test, but a Miranda warning cannot support voluntariness of consent when it is given after the consent.

Gonzalez v. Tounjian, et al. (Cross-reference w/20020263) 2004 ND 156
Docket No.: 20040015
Filing Date: 8/4/2004
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: When a judgment is affirmed in part and reversed in part on appeal, post-judgment interest on the affirmed portion runs from the date of the original judgment.

Miller v. Workforce Safety and Insurance, et al. 2004 ND 155
Docket No.: 20040064
Filing Date: 7/29/2004
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald W.

Highlight: Ex parte communications are those that are without notice and opportunity for all parties to participate in the communication.
Workforce Safety and Insurance can consult with its outside legal counsel in reviewing a pending administrative law judge's recommendation as long as those communications are not ex parte.

Ag Acceptance Corp. v. Glinz, et al. 2004 ND 154
Docket No.: 20030197
Filing Date: 7/26/2004
Case Type: Appeal - Civil - Debtor/Creditor
Author: Neumann, William

Highlight: A contract must be interpreted to give effect to the mutual intention of the parties as it existed at the time of contracting, and when the contract has been reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible.
An agricultural operating loan evidenced by a promissory note specifying that all principal and interest shall be due on a date certain shortly after completion of that crop year is not a revolving charge agreement.
To establish an antitrust violation based upon illegal tying, it must be shown that the seller possesses significant market power in the tying market.

Riemers v. Peters-Riemers, et al. 2004 ND 153
Docket No.: 20030353
Filing Date: 7/23/2004
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Maring, Mary

Highlight: Collateral estoppel generally bars new litigation, based on a different claim, of issues that were or must have been determined in the prior suit.
Collateral estoppel bars relitigation of an issue if: (1) the issue decided in the prior adjudication is identical to the one presented; (2) there was a final judgment on the merits; (3) the party against whom the plea is asserted was a party or in privity with a party to the prior adjudication; and (4) the party against whom the plea is asserted had a fair opportunity to be heard on the issue.
A court of this state that has made a child custody determination has exclusive, continuing jurisdiction over the determination.
No civil action lies for perjury in another proceeding.
Res judicata means that a valid, existing final judgment from a court of competent jurisdiction is conclusive, with regard to the issues raised, or those that could have been raised, and determined as to the parties and their privies in all other actions.
A trial court's denial of a motion for a continuance to amend a complaint will not be reversed unless the trial court abused its discretion.
A trial court's denial of a motion for a continuance to conduct additional discovery will not be reversed unless the trial court abused its discretion.

Ernst v. State 2004 ND 152
Docket No.: 20030330
Filing Date: 7/22/2004
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Neumann, William

Highlight: A guilty plea is a 'critical stage' in the criminal process so the constitutional right to counsel attaches.
A plea may be adjudged involuntary and withdrawn if a defendant received ineffective assistance of counsel for the plea. To prove an ineffective assistance of counsel, a defendant must show a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial.
Failure to file pretrial motions, by itself, does not equate to ineffective assistance of counsel.

State v. Berger 2004 ND 151
Docket No.: 20030322
Filing Date: 7/22/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: When no separate judgment of conviction has been entered and an order deferring imposition of sentence complies with the requirements of N.D.R.Crim.P. 32(b) for criminal judgments, the order serves as the judgment and is appealable.
When considered in totality, a driver's erratic driving, belligerent and physically aggressive conduct, use of profanity, extreme nervousness, physical shaking and inability to stand still, glossy and watery eyes, and failure of a light reactivity field sobriety test may be sufficient to create probable cause to arrest the driver for driving under the influence of drugs.

Adoption of S.R.F. (CONFIDENTIAL) 2004 ND 150
Docket No.: 20030364
Filing Date: 7/22/2004
Case Type: Appeal - Civil - Adoption
Author: Sandstrom, Dale

Highlight: De novo review under the Revised Uniform Adoption Act is abolished, and cases to the contrary are overruled.
A parent's abandonment of a child is a question of fact and may be inferred from circumstantial evidence of the parent's conduct.

State v. Mathre 2004 ND 149
Docket No.: 20030312
Filing Date: 7/22/2004
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: The appellant must provide a transcript on appeal, and the appellant suffers any consequences resulting from the lack of a transcript to review.
An arrest is not unlawful merely because there is no subsequent conviction of the crime for which an individual is arrested.
A person is not justified in using force for the purpose of resisting arrest, execution of process, or other performance of duty by a public servant under color of law, but excessive force may be resisted.

Johnson v. ND Dept. of Transportation 2004 ND 148
Docket No.: 20040065
Filing Date: 7/22/2004
Case Type: Appeal - Administrative - Department of Transportation
Author: Neumann, William

Highlight: An officer who properly arrests a driver for DUI and who obtains, within the officer's jurisdiction, the driver's consent to submit to a blood test can transport the arrestee outside the jurisdiction for the test.

State v. Stockert 2004 ND 146
Docket No.: 20030105
Filing Date: 7/22/2004
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Sandstrom, Dale

Highlight: A judge is required to disqualify if the judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of disputed evidentiary facts concerning the proceedings.
When personal knowledge about a matter has been obtained by a judge within another legal proceeding, disqualification is not called for.
When deciding whether or not to recuse, a judge must determine whether the conduct would create in reasonable minds a perception that the judge's ability to carry out judicial responsibilities with integrity, impartiality, and competence is impaired.
In deciding whether a judge should be disqualified because of a person's involvement in a judicial campaign, the relevant factors include: 1) the significance of the person's campaign involvement; 2) whether the campaign is under way or how recently it ended; 3) whether there is an ongoing relationship between the person and the judge; 4) the significance of the person's involvement in the current case, including the closeness or remoteness of the involved individual to the case; 5) whether the issue was promptly raised; and 6) evidence of judicial bias.

Minn-Kota Ag Products, Inc., et al. v. Carlson, et al. 2004 ND 145
Docket No.: 20030303
Filing Date: 7/6/2004
Case Type: Appeal - Civil - Malpractice
Author: Neumann, William

Highlight: Issues of fact may become questions of law if a reasonable person could reach only one conclusion from the facts.
Mere speculation is not enough to defeat a motion for summary judgment. There must be enough evidence for a reasonable jury to find for the plaintiff.
An attorney has not committed legal malpractice by failing to file a cause of action when the statute of limitations expires before the attorney is retained.

State v. Sims (Consolidated w/20040036) 2004 ND 144
Docket No.: 20030150
Filing Date: 7/6/2004
Case Type: Appeal - Criminal - Theft
Author: Kapsner, Carol

Highlight: The district court may provide for the possibility of work release in accordance with the guidelines of a correctional facility.

Ag Acceptance Corp. v. Alexander Farms, Inc., et al. 2004 ND 143
Docket No.: 20040005
Filing Date: 7/2/2004
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Judgment in collection action summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Interest of T.J.L. (CONFIDENTIAL) 2004 ND 142
Docket No.: 20030291
Filing Date: 6/30/2004
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: VandeWalle, Gerald

Highlight: Effective March 1, 2004, findings of fact in juvenile matters will not be set aside on appeal unless clearly erroneous.
When there has been an extensive period in which efforts have been made to overcome a parent's inabilities to effectively parent, courts cannot allow the child to remain in an indeterminate status midway between foster care and the obvious need for permanent placement.

Oppegard-Gessler v. Gessler 2004 ND 141
Docket No.: 20030205
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A custodial parent may not change the residence of a child to another state except upon order of the court or with the consent of the noncustodial parent, if the noncustodial parent has been given visitation rights by the decree.
The best interests of the child are the primary consideration in determining whether a custodial parent should be allowed to relocate with the child to another state.
A trial court that fails to give sufficient credence to the importance of keeping the custodial family intact commits reversible error.

State v. Smestad 2004 ND 140
Docket No.: 20030335
Filing Date: 6/30/2004
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: A trial court may allow testimony as to the context of events, if the testimony is required to prove the essential statutory elements of the crime and the district court has weighed the probative value against the prejudicial nature of the testimony.

State v. Decoteau 2004 ND 139
Docket No.: 20030271
Filing Date: 6/30/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: The reasonable suspicion standard does not require an officer to rule out every potential innocent excuse for the behavior in question before stopping a vehicle for investigation.
An officer's knowledge that a driver's license was suspended when stopped by the same officer one week earlier is sufficient to create reasonable suspicion of unlawful activity and support an investigatory stop of the vehicle.

Interest of T.T. (CONFIDENTIAL) 2004 ND 138
Docket No.: 20030266
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Juvenile Law
Author: Sandstrom, Dale

Highlight: Issues not raised in juvenile court may not be raised for the first time on appeal.
A deprivation hearing in juvenile court may not be combined with a hearing on divorce-related child custody and visitation issues.
A juvenile court's oral findings may be used to explain the juvenile court's written decision.

State v. Gill 2004 ND 137
Docket No.: 20030279
Filing Date: 6/30/2004
Case Type: Appeal - Criminal - Theft
Author: Maring, Mary

Highlight: The State has the burden in a restitution hearing to prove the amount of restitution by a preponderance of the evidence.
The defendant has the burden to raise and prove an inability to pay the amount of restitution ordered.

State v. Krous 2004 ND 136
Docket No.: 20030372
Filing Date: 6/30/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: The word "submit" in a probation condition similar to that in N.D.C.C. 12.1-32-07(4)(n) means consent to a reasonable warrantless search.

Gartner v. Job Service North Dakota 2004 ND 135
Docket No.: 20040038
Filing Date: 6/30/2004
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Maring, Mary

Highlight: An unemployed individual may be entitled to unemployment benefits while attending a retraining program if reasonable and suitable work opportunities for which the individual is suited by training, experience, and physical capabilities do not exist in the individual's locality.

Aamodt v. Dept. of Transportation 2004 ND 134
Docket No.: 20040056
Filing Date: 6/30/2004
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: The Department must meet the basic and mandatory provisions of the statute to have authority to suspend driving privileges.
The statutory provision requiring a police officer to include in the notice to the Department reasonable grounds to believe a person had been driving or had been in actual physical control of a motor vehicle while under the influence of alcohol is a basic and mandatory provision.

Tibert, et al. v. Minto Grain, et al. (Cross ref. w/20030207) 2004 ND 133
Docket No.: 20030208
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: A trial court's decision granting judgment on the pleadings is reviewed de novo.
The purpose of liberal pleading requirements is to apprise the defendant of the nature of the plaintiff's claim.

Moen, et al. v. Thomas, et al. (cross-reference w/20000111; 20000169) 2004 ND 132
Docket No.: 20030309
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Although the existence of an attorney-client relationship turns largely on the client's subjective belief it exists, the client's subjective belief must also be objectively reasonable.
A party must specifically request that questions on a special verdict form be submitted to the jury, and vague references to requested instructions or special verdict forms are insufficient to preserve the issue for appeal.
A trial court does not abuse its discretion by refusing to include a requested question in a special verdict form when a party has not presented sufficient evidence to support it.

Frontier Enterprises v. DW Enterprises, et al. 2004 ND 131
Docket No.: 20040050
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: A partial summary judgment that fails to adjudicate all claims against all parties is interlocutory and not appealable.

Johnson v. State (Consolidated w/20030257) 2004 ND 130
Docket No.: 20030256
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Neumann, William

Highlight: An application for post-conviction relief is properly dismissed on the pleadings if the court cannot discern a potential for proof to support the application.
A defendant who inexcusably fails to raise all his claims in a single post-conviction proceeding misuses the post-conviction process by initiating a subsequent application raising issues that could have been raised in the earlier proceeding.
The Strickland standard for assessing ineffective assistance of counsel applies to claims of ineffective post-conviction counsel.
A criminal defendant has no constitutional right to "hybrid" representation and to act as co-counsel with his attorney.

Tibbetts v. Dornheim 2004 ND 129
Docket No.: 20030267
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: Generally, interlocutory orders in an action are merged into the final judgment and may be reviewed on appeal of that judgment.
All of the issues between parties are merged in the final judgment.
A party waives an issue by not providing supporting argument, and without supportive reasoning or citations to relevant authorities, an argument is without merit.

Azure, et al. v. Belcourt Public School Dist. 2004 ND 128
Docket No.: 20030338
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Other
Author: Neumann, William

Highlight: In a negligence case, duty is a question of whether a relationship between the parties gives rise to any legal obligation; whether a duty exists is a question of law.
Summary judgment is appropriate when the record indicates the defendant did not owe a duty of care to the plaintiff in a negligence action.

City of Fargo v. Habiger 2004 ND 127
Docket No.: 20030248
Filing Date: 6/30/2004
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Kapsner, Carol

Highlight: A judge is not obligated to withdraw as judge under the change-of-judge statute if the record does not reflect compliance with statutory procedures.
The waiver of the right to appointed counsel is effective if the waiver is made voluntarily, knowingly, and intelligently.
Character evidence may be introduced to demonstrate a defendant's propensity for veracity.

Interest of T.F., et al. (CONFIDENTIAL) 2004 ND 126
Docket No.: 20030236
Filing Date: 6/30/2004
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

Highlight: Under federal law, termination of parental rights to an Indian child requires proof beyond a reasonable doubt that continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
Incarceration of a parent, by itself, does not establish abandonment of a child for purposes of terminating parental rights.
A probability of serious mental and emotional harm to the child may be established from a parent's current inability to properly care for the child.