On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.
1191 - 1200 of 12359 results
State v. Carrillo
2021 ND 239
Docket No.: 20210223
Filing Date: 12/23/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair
Estate of Smith
2021 ND 238
Docket No.: 20210114
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.
Highlight: In a proceeding initiated as informal probate, extensive litigation can convert the proceedings into formal probate.
In a formal probate proceeding, once a final judgment is entered approving a final distribution and accounting, a party may not file a petition to approve an amended final accounting.
While this Court disapproves of a district court’s wholesale adoption of a party’s proposed findings of fact, those findings of fact will not be overturned on appeal unless they are clearly erroneous.
A district court did not abuse its discretion in awarding attorney's fees to be paid by the personal representatives personally when it found the personal representatives’ motions were frivolous and for an improper purpose.
Estate of Smith
2021 ND 238
Docket No.: 20210114
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.
Taszarek, et al. v. Lakeview Excavating, et al.
2021 ND 237
Docket No.: 20210046
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.
Highlight: When the Court remands for redetermination of an issue without specifying the procedure to be followed, the district court may decide the issue based on the evidence already before it or may take additional evidence.
Under the “alter ego” approach to piercing the corporate veil, there must be such a unity of interest and ownership between the corporation and its equitable owner that the separate personalities of the corporation and the shareholder do not in reality exist, and there must be an inequitable result if the acts in question are treated as those of the corporation alone. This approach analyzes whether a corporation is merely an instrumentality or alter ego of its owner, and requires examination of the Hilzendager-Jablonsky factors, including the “injustice, inequity or fundamental unfairness” element.
Cavare v. Kjelgren
2021 ND 236
Docket No.: 20200128
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.
Highlight: In an appeal from a bench trial, the district court’s findings of fact are reviewed under the clearly erroneous standard and its conclusions of law are fully reviewable.
A district court’s choice between two permissible views of the weight of the evidence is not clearly erroneous.
A district court’s decision to deny a motion for relief from a judgment will not be reversed on appeal unless the court abused its discretion in ruling there were not sufficient grounds for relief from the judgment.
Relief from a judgment on grounds of fraud, misrepresentation, or other misconduct is extraordinary relief that should only be granted in exceptional circumstances.
State v. Roberts
2021 ND 235
Docket No.: 20210161
Filing Date: 12/23/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Jensen, Jon J.
Highlight: Corroboration of an accomplice’s testimony is required under N.D.C.C. § 29-21-14. The corroboration need not establish a prima facie case, but must tend to connect the defendant with the crime.
Any error based on the district court’s failure to give a jury instruction regarding the corroboration required for an accomplice’s testimony was harmless.
State v. Roberts
2021 ND 235
Docket No.: 20210161
Filing Date: 12/23/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Jensen, Jon J.
Heggem v. Heggem
2021 ND 234
Docket No.: 20210212
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Child Support
Author: Per Curiam
Highlight: An order denying a motion to modify primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(7).
Heggem v. Heggem
2021 ND 234
Docket No.: 20210212
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Child Support
Author: Per Curiam
Hehr v. Hehr
2021 ND 233
Docket No.: 20210176
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam
Highlight: A district court’s distribution of marital property in a divorce proceeding is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
