Opinions

Jacobsen, et al. v. Haugen
Docket No.: 19940277
Filing Date: 4/13/1995
Case Type: Appeal - Civil - Malpractice
Author: Neumann, William

Roen Land Trust, et al. v. Frederick
Docket No.: 19940278
Filing Date: 4/18/1995
Case Type: Appeal - Civil - Contracts
Author: Meschke, Herbert

Schmidkunz v. Schmidkunz
Docket No.: 19940279
Filing Date: 3/16/1995
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

State v. Konewko (CONSOLIDATED w/940281)
Docket No.: 19940280
Filing Date: 3/16/1995
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Duchscherer v. W.W. Wallwork, Inc.
Docket No.: 19940283
Filing Date: 6/27/1995
Case Type: Appeal - Civil - Contracts
Author: Meschke, Herbert

First Western Bank & Trust v. Wickman
Docket No.: 19940284
Filing Date: 2/13/1995
Case Type: Appeal - Civil - Debtor/Creditor
Author: Sandstrom, Dale

State v. Nowik 2000 ND App1
Docket No.: 20000149
Filing Date: 12/27/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The appellant's conviction for driving a vehicle with a suspended license is summarily affirmed by the Court of Appeals.
No person has a constitutional right to operate a motor vehicle on the roads of this state without a valid driver's license.

Lang v. State, et al. 2001 ND App2
Docket No.: 20000223
Filing Date: 1/17/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Res judicata, or claim preclusion, prohibits relitigation of claims or issues that were raised or could have been raised in a prior action between the same parties or their privies, and which were resolved by final judgment in a court of competent jurisdiction.
Collateral estoppel, or issue preclusion, generally prohibits relitigation in a second action based on a different claim, of issues of fact or law which were, or must have been, determined in the prior suit.
Without citations to relevant authority or supportive reasoning, an argument is without merit.

Riemers v. State of North Dakota, et al. 2007 ND App1
Docket No.: 20060310
Filing Date: 4/27/2007
Case Type: Appeal - Civil - Constitutional Law
Author: Per Curiam

Highlight: Summary judgment is appropriate if the information available to the trial court does not establish a genuine issue of material fact, and the moving party is entitled to judgment as a matter of law.
An appeal is frivolous if it is flagrantly groundless, devoid of merit, or demonstrates persistence in the course of litigation which could be seen as evidence of bad faith.

Riemers, et al. v. State, et al. 2007 ND App2
Docket No.: 20060382
Filing Date: 4/27/2007
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: A judge may not be held liable for any judicial act.
Collateral estoppel generally prohibits the relitigation, in a second action, of particular issues of either fact or law which were, or by logical and necessary implication must have been, litigated and determined in the prior suit.