Opinions

DCI Credit Services v. Plemper 2021 ND 215
Docket No.: 20210183
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Debtor/Creditor
Author: VandeWalle, Gerald

Wades Welding v. Tioga Properties 2021 ND 214
Docket No.: 20210107
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: A district court may conduct a proceeding by reliable electronic means on its own motion or on a party’s motion.

An ostensible agency results when the principal causes a third person to believe another is the principal’s agent even though the other person is not employed by the principal.

Unjust enrichment is an alternative claim, and a legal claim which has yet to fail or succeed does not preclude a plaintiff from also asserting an unjust enrichment claim.

Wades Welding v. Tioga Properties 2021 ND 214
Docket No.: 20210107
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Boldt v. Boldt 2021 ND 213
Docket No.: 20210101
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: When determining primary residential responsibility of a minor child, the district court must consider the best interest factors and make findings with sufficient specificity to show the factual basis for its decision.

Deferential review of a district court’s primary residential responsibility determination is especially applicable in cases involving two fit parents.

Under N.D. Admin. Code § 75-02-04.1-01(6)(d), an individual obligated to provide child support may deduct a portion of payments made to afford health insurance coverage for the child.

State v. McCreary 2021 ND 212
Docket No.: 20210064
Filing Date: 12/1/2021
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair

Highlight: A flashlight may be found to be a dangerous weapon under N.D.C.C. 12.1-01-04(6).

Dangerous weapon statute is not exhaustive, and whether an object is a dangerous weapon under the circumstances is a determination for the fact finder.

Interest of C.E. (CONFIDENTIAL) 2021 ND 211
Docket No.: 20210264
Filing Date: 11/26/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).

Interest of C.E. (CONFIDENTIAL) 2021 ND 211
Docket No.: 20210264
Filing Date: 11/26/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Iakel-Garcia v. Anderson 2021 ND 210
Docket No.: 20210021
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A district court’s award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.

The district court must award primary residential responsibility to the parent who will promote the child’s best interests and welfare.

The district court must determine the total value of the marital estate in order to make an equitable division of property.

Muchow v. Kohler, et al. 2021 ND 209
Docket No.: 20210103
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: North Dakota’s Uniform Nonparent Custody and Visitation Act governs nonparent visitation rights.

The district court may order visitation if petitioners prove: (1) a substantial relationship with the child and (2) the denial of visitation would result in harm to the child.

Petitioners have the burden of proving the requirements by clear and convincing evidence.

“Harm to child” means a “significant adverse effect on a child’s physical, emotional, or psychological well-being.”

Quamme v. Quamme 2021 ND 208
Docket No.: 20210093
Filing Date: 12/1/2021
Case Type: Appeal - Civil - Divorce - Property
Author: McEvers, Lisa K. Fair

Highlight: For purposes of determining child support, commissions do not necessarily constitute self-employment income under N.D. Admin. Code § 75-02-04.1-01(10).

Debt regularly forgiven by an employer from a loan based on an obligor’s employment constitutes gross income under N.D. Admin. Code § 75-02-04.1-01(4)(b) and (5).

For purposes of awarding spousal support, the district court does not need to provide a complete calculation of each parties’ assets, debts, and expenses, but a clear description of the parties’ financial situation is helpful in understanding the court’s rationale. When a court’s rationale is unclear, reversal and remand is appropriate.