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Interest of Sternberg 2023 ND 40
Docket No.: 20220147
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Tufte, Jerod E.

Interest of A.P. (CONFIDENTIAL) 2023 ND 39
Docket No.: 20220201
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Juvenile Law
Author: Bahr, Douglas Alan

Highlight: The right to appeal is statutory. If no statutory basis exists for an appeal, the court lacks appellate jurisdiction and must dismiss the appeal.

In juvenile matters, an aggrieved party, including the state or a subdivision of the state, may appeal from a final order, judgment, or decree of the juvenile court by filing written notice of appeal.

Interest of A.P. (CONFIDENTIAL) 2023 ND 39
Docket No.: 20220201
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Juvenile Law
Author: Bahr, Douglas Alan

Olympic Financial Group, et al. v. ND Dep't of Financial Institutions 2023 ND 38
Docket No.: 20210361
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: Ordinarily, a dismissal without prejudice is not appealable because either side may commence another action.

A dismissal without prejudice may be final and appealable if the plaintiff cannot cure the defect that led to dismissal or if it has the practical effect of terminating the litigation in the plaintiff’s chosen forum.

A district court’s authority to grant declaratory relief requires the exhaustion of administrative remedies.

Olympic Financial Group, et al. v. ND Dep't of Financial Institutions 2023 ND 38
Docket No.: 20210361
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Miller, et al. v. Nodak Ins. Co. 2023 ND 37
Docket No.: 20210341
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Insurance
Author: Jensen, Jon J.

Highlight: Interpretation of an insurance policy presents a question of law, reviewed de novo on appeal.

Exclusions from coverage must be clear and explicit and are strictly construed against the insurer.

While exclusionary clauses are strictly construed, an insurance contract will not be rewritten to impose liability when the policy language unambiguously precludes coverage.

Miller, et al. v. Nodak Ins. Co. 2023 ND 37
Docket No.: 20210341
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Insurance
Author: Jensen, Jon J.

Arthaud v. Fuglie 2023 ND 36
Docket No.: 20220234
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: The Uniform Single Publication Act precludes the discovery rule from applying to statements made to the public.

Arthaud v. Fuglie 2023 ND 36
Docket No.: 20220234
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Boutrous, et al. v. Transform Operating Stores, et al. 2023 ND 35
Docket No.: 20220090
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Landlord/Tenant
Author: Per Curiam

Highlight: A summary eviction action may be brought to recover the possession of real estate if a lessee violates a material term of the written lease agreement between the lessor and lessee.

Whether a lease has been fully complied with should be treated as a finding of fact because the rules of construction relating to contracts generally apply to the construction of leases.

In a bench trial, the district court is the determiner of credibility issues and we will not second-guess the district court on its credibility determinations. Findings of the trial court are presumptively correct.

An order holding a person in contempt is a final order for purposes of appeal. A contempt order is immediately appealable.

Boutrous, et al. v. Transform Operating Stores, et al. 2023 ND 35
Docket No.: 20220090
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Landlord/Tenant
Author: Per Curiam

State v. McLaughlin 2023 ND 34
Docket No.: 20220252
Filing Date: 3/3/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(8) and (4).

State v. McLaughlin 2023 ND 34
Docket No.: 20220252
Filing Date: 3/3/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Nevin, et al. v. Kennedy, et al. 2023 ND 33
Docket No.: 20220136
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: The primary purpose in interpreting a deed is to ascertain the grantor’s intent.

Deeds are interpreted to give effect to the mutual intention of the parties as it existed at the time of contracting. A contract may be explained by reference to the circumstances under which it was made and the matter to which it relates.

Nevin, et al. v. Kennedy, et al. 2023 ND 33
Docket No.: 20220136
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Queen v. Martel, et al. 2023 ND 32
Docket No.: 20220121
Filing Date: 10/4/2022
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: An award of equal residential responsibility of a minor child is remanded to the district court to make specific findings of fact on whether the domestic violence rebuttable presumption under N.D.C.C. § 14-09-06.2(1)(j) is triggered and, if so, whether the presumption is rebutted.

Interest of V.C. (CONFIDENTIAL) 2023 ND 31
Docket No.: 20220381
Filing Date: 2/16/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A district court judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of V.C. (CONFIDENTIAL) 2023 ND 31
Docket No.: 20220381
Filing Date: 2/16/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Krogstad v. State 2023 ND 30
Docket No.: 20220264
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Krogstad v. State 2023 ND 30
Docket No.: 20220264
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

L&C Expedition, et al. v. Swenson, Hagen and Co., et al. 2023 ND 29
Docket No.: 20220169
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: Section 22-03-03, N.D.C.C., provides that if parties contractually agree to a limitation on the time to bring a claim, the surety cannot be held beyond that limitation.

Section 22-03-03, N.D.C.C., is an exception to the preclusion of contractually altering the limitation on the time to bring a claim in N.D.C.C. § 9-08-05.

L&C Expedition, et al. v. Swenson, Hagen and Co., et al. 2023 ND 29
Docket No.: 20220169
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

State v. Thompson 2023 ND 28
Docket No.: 20220221
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Probable cause supporting issuance of a search warrant exists when the facts and circumstances would lead a person of reasonable caution to believe the contraband or evidence sought probably will be found in the place to be searched.

Search warrants usually must be served in the daytime. Additional probable cause is required for searches executed at night.

Probable cause for a nighttime search exists upon showing the evidence sought might be quickly disposed of if a warrant is not promptly executed

State v. Thompson 2023 ND 28
Docket No.: 20220221
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Panther Pressure Testers, et al. v. Szostak, et al. 2023 ND 27
Docket No.: 20220134
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: Under N.D.R.Civ.P. 37, a district court has a spectrum of sanctions available for discovery violations, including an entry of default judgment. Default judgment should be imposed only if there is a deliberate or bad faith non-compliance which constitutes a flagrant abuse of or disregard for discovery rules.

An award of damages entered on default judgment will not be obstructed unless the award is so excessive or inadequate.

Panther Pressure Testers, et al. v. Szostak, et al. 2023 ND 27
Docket No.: 20220134
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

State v. Knight 2023 ND 26
Docket No.: 20220293
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Knight 2023 ND 26
Docket No.: 20220293
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

State v. Bowen 2023 ND 25
Docket No.: 20220165
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Highlight: A district court may infer that an event did not occur on the basis of a witness’s testimony that she had no recollection of the event occurring combined with testimony of habit or practice about what she would have done if it had occurred.

The Confrontation Clause does not apply to non-testimonial hearsay. Reports concerning the installation and inspection of an Intoxilyzer used to perform chemical breath tests do not contain testimonial statements from the state toxicologist requiring him to be produced at trial.

State v. Bowen 2023 ND 25
Docket No.: 20220165
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

State v. Dunn (consolidated w/20220209 & 20220210) 2023 ND 24
Docket No.: 20220208
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Highlight: A district court does not violate North Dakota Supreme Court Rule 52(4) by offering to reschedule a hearing so that a defendant may speak with counsel or by allowing a defendant to withdraw their request to speak with counsel.

A withdrawal of a guilty plea after a district court has imposed a sentence is not allowed unless the defendant proves that withdrawal is necessary to correct a manifest injustice.

State v. Dunn (consolidated w/20220209 & 20220210) 2023 ND 24
Docket No.: 20220208
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Kitzan v. Kitzan, et al. 2023 ND 23
Docket No.: 20220110
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: A district court does not commit clear error when it determines that certain items and their valuations should be included in a marital estate if it relies on valuations within the range of evidence presented and at the time of separation.

A district court’s finding of economic misconduct may include unaccounted-for spending and dissipation of assets that occurs after a date of separation.

A district court’s denial of spousal support is not clear error when supported by facts within the record that demonstrate economic misconduct coupled with evidence showing the parties earn a similar income.

Kitzan v. Kitzan, et al. 2023 ND 23
Docket No.: 20220110
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Jensen v. Jensen, et al. 2023 ND 22
Docket No.: 20220238
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: A movant must establish a prima facie case for a change of primary residential responsibility justifying a modification by alleging enough evidence for the fact finder to conclude that a material change in circumstances has occurred and that a modification is in the best interests of the children.

Jensen v. Jensen, et al. 2023 ND 22
Docket No.: 20220238
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Interest of R.S. 2023 ND 21
Docket No.: 20230010
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: An order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Knutson v. Foughty, et al. 2023 ND 20
Docket No.: 20220296
Filing Date: 2/16/2023
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Bahr, Douglas Alan

Highlight: This Court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.

Interest of G.V. (CONFIDENTIAL) (consolidated w/20220146) 2023 ND 19
Docket No.: 20220145
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Juvenile Law
Author: Tufte, Jerod E.

Highlight: Under N.D.C.C. § 27-20.1-11(1)(d), a juvenile court may appoint a guardian of a child if the court finds by clear and convincing evidence that the appointment is in the child’s best interest and the child is in need of protection.

Interest of G.V. (CONFIDENTIAL) (consolidated w/20220146) 2023 ND 19
Docket No.: 20220145
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Juvenile Law
Author: Tufte, Jerod E.

Hoffman v. Hoffman, et. al. 2023 ND 18
Docket No.: 20220142
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: Unless an exception applies, a motion to modify primary residential responsibility filed within two years of the judgment establishing primary residential responsibility requires the movant to satisfy the heightened standard under N.D.C.C. § 14-09-06.6(3).

A district court’s decision on a motion to relocate is a finding of fact that will not be reversed on appeal unless clearly erroneous.

A district court is not required to hold a hearing under N.D.R.Ct. 3.2(a)(3) if a party does not request a hearing and secure a time for the hearing.

A district court is not required to consider an untimely declaration under N.D.R.Ct. 3.2(a)(2).

Hoffman v. Hoffman, et. al. 2023 ND 18
Docket No.: 20220142
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Keidel v. WSI, et al. 2023 ND 17
Docket No.: 20220229
Filing Date: 2/16/2023
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: Res judicata prohibits the relitigation of claims or issues that were raised or could have been raised in an earlier action between the same parties and was resolved by final judgment.

Administrative res judicata is the judicial doctrine of res judicata applied to an administrative proceeding. Administrative res judicata is applied more circumspectly than judicial res judicata, taking into account (1) the subject matter decided by the administrative agency, (2) the purpose of the administrative action, and (3) the reasons for the later proceeding.

WSI may not issue a permanent impairment award for impairment findings due to preexisting conditions.

Keidel v. WSI, et al. 2023 ND 17
Docket No.: 20220229
Filing Date: 2/16/2023
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Larson Latham Huettl v. Iversen 2023 ND 16
Docket No.: 20220198
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: A party to a contract does not waive its contractual rights when its actions are expressly authorized by the terms of the contract.

When a contract has but a single object and such object is wholly impossible of performance, the entire contract is void.

The injured party has a duty to mitigate or minimize its damages and must protect itself if it can do so with reasonable exertion or at trifling expense, and can recover from the delinquent party only such damages as it could not, with reasonable effort, have avoided.

Continued employment for a substantial period of time is sufficient consideration to support an employment agreement.

A district court’s decision on a motion to alter or amend judgment under N.D.R.Civ.P. 59(j) will not be reversed unless the court abused its discretion.

Issues that were not properly raised before the district court will not be considered on appeal.

Larson Latham Huettl v. Iversen 2023 ND 16
Docket No.: 20220198
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Reed v. Reed, et al. 2023 ND 15
Docket No.: 20220241
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: For child support purposes the definition of income is very broad and is intended to include any form of payment to an obligor, regardless of source, which is not specifically excluded under the guidelines.

Reed v. Reed, et al. 2023 ND 15
Docket No.: 20220241
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Sadek, et al. v. Weber, et al. 2023 ND 14
Docket No.: 20220155
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: McEvers, Lisa K. Fair

Highlight: Rule 54(b), N.D.R.Civ.P., authorizes a district court to direct entry of a judgment adjudicating fewer than all of the claims as final when there is “no just reason for delay.” Absent a finality certification under Rule 54(b), a decision adjudicating fewer than all of the claims in a case does not end the action and it may be revised at any time before entry of a final judgment deciding all of the claims. Rule 54(b) does not apply when a judgment decides all of the claims in a case.

The district court did not err when it sanctioned an attorney under N.D.R.Civ.P. 11 after the attorney ignored provisions in rules and prior holdings the case.

Sanctions on appeal were appropriate when an attorney persisted in groundless arguments without acknowledging obvious deficiencies pointed out by the district court.

Sadek, et al. v. Weber, et al. 2023 ND 14
Docket No.: 20220155
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: McEvers, Lisa K. Fair

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