Opinions

Newman v. Hjelle, et al. 133 N.W.2d 549
Docket No.: 18608201
Filing Date: 3/4/1965
Case Type: Appeal - Administrative - Department of Transportation
Author: Teigen, Obert

Sperle v. Weigel 130 N.W.2d 315
Docket No.: 18608140
Filing Date: 9/24/1964
Case Type: Appeal - Civil - Real Property
Author: Erickstad, Ralph

Kessler v. Thompson 075 N.W.2d 172
Docket No.: 18607541
Filing Date: 3/5/1956
Case Type: Appeal - Civil - Other
Author: Johnson, Nels

Haman v. McHenry County, et al. 072 N.W.2d 630
Docket No.: 18607542
Filing Date: 10/26/1955
Case Type: Appeal - Civil - Other
Author: Morris, James

State v. Krebs
Docket No.: 20240355
Filing Date: Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Riemers v. State 2007 ND App4
Docket No.: 20070063
Filing Date: 8/22/2007
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: A judgment of dismissal for failure to state a claim upon which relief can be granted will be affirmed by an appellate court if it cannot discern a potential for proof to support the claim.
Under N.D.R.Civ.P. 12(c), if, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under N.D.R.Civ.P. 56.
The court, in deciding a motion for judgment on the pleadings, may consider, in addition to the pleadings, materials embraced by the pleadings and materials that are part of the public record without converting the motion to a summary judgment.

Riemers v. State 2007 ND App3
Docket No.: 20070038
Filing Date: 8/15/2007
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Factual assertions in a brief do not raise an issue of material fact satisfying Rule 56(e) for purposes of resisting a motion for summary judgment.
A party asserting a constitutional claim must do more than submit bare assertions and must bring up the heavy artillery or forego the claim.

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.

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.

Interest of K.N.H., et al. (CONFIDENTIAL) 2005 ND App9
Docket No.: 20050018
Filing Date: 7/6/2005
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author:

Highlight: A juvenile court order terminating a father's parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).