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Matter of O.H.W. (CONFIDENTIAL) 2023 ND 52
Docket No.: 20220263
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court’s order denying an application for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Matter of O.H.W. (CONFIDENTIAL) 2023 ND 52
Docket No.: 20220263
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Rath v. Rath, et al. 2023 ND 51
Docket No.: 20220240
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Under N.D.R.Civ.P. 83(b), when a procedure is not specified, the district court may regulate its practice in any manner that is not inconsistent with a statute or rule.

Rath v. Rath, et al. 2023 ND 51
Docket No.: 20220240
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Wrigley v. Romanick, et al. 2023 ND 50
Docket No.: 20220260
Filing Date: 3/16/2023
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Jensen, Jon J.

Highlight: There is a fundamental right for a woman to obtain an abortion in instances where it is necessary to preserve her life or health.

Access Independent Health Services, Inc., d/b/a Red River Women’s Clinic has a substantial likelihood of succeeding in establishing N.D.C.C. § 12.1-31-12 is not narrowly tailored to the State’s compelling interests.

A granting of a preliminary injunction will not be overturned unless the district court abused its discretion.

Wrigley v. Romanick, et al. 2023 ND 50
Docket No.: 20220260
Filing Date: 3/16/2023
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Jensen, Jon J.

Interest of C.V. 2023 ND 49
Docket No.: 20230040
Filing Date: 3/16/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(4)

Brockmeyer v. Brockmeyer, et al. 2023 ND 48
Docket No.: 20220192
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Issues not necessary to the determination of an appeal will not be addressed.

The district court may rely on pre-divorce conduct when determining a custody matter when it was unaware of the conduct prior to the time of the hearing.

Issues not argued to the district court will not be considered for the first time on appeal.
A district court’s order denying a motion to modify primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Brockmeyer v. Brockmeyer, et al. 2023 ND 48
Docket No.: 20220192
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

State v. Watts 2023 ND 47
Docket No.: 20220206
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: Evidence not stricken from the record, or for which the jury was not instructed to disregard, remains available for the jury’s consideration.

Sufficient evidence for a conviction exists if based on the evidence a jury could draw a reasonable inference of guilt.

An objection must be made to preserve each alleged issue for appeal. Without an objection, the alleged issue is reviewed for obvious error.

An individual who has pleaded guilty or been found guilty of indecent exposure is required to register as a sexual offender. The district court may deviate from this requirement, if specified conditions exist.

State v. Watts 2023 ND 47
Docket No.: 20220206
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

State v. Hanson 2023 ND 46
Docket No.: 20220215
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: Comments from the State focusing on inconsistencies in a defendant’s case do not amount to prosecutorial misconduct.

Substantial evidence existed to support the conviction and is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Hanson 2023 ND 46
Docket No.: 20220215
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Crichlow v. Andrews 2023 ND 45
Docket No.: 20220204
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: A district court must consider all of the parties’ assets and debts, including separate property, to ensure an equitable distribution of the marital estate.

A district court does not have discretion to include in the marital estate property acquired after the valuation date.

Crichlow v. Andrews 2023 ND 45
Docket No.: 20220204
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

State v. Isaak 2023 ND 44
Docket No.: 20220031
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: An abatement ab initio of a criminal prosecution means a dismissal of all proceedings in the prosecution from its inception.
Abatement ab initio in criminal proceedings is inconsistent with N.D. Const. art. I, § 25.
Appeals will be dismissed as moot when no actual controversy is left to be decided unless a decision would have collateral consequences.

State v. Isaak 2023 ND 44
Docket No.: 20220031
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

4201 2nd Ave W v. First State Bank & Trust, et al. 2023 ND 43
Docket No.: 20220309
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: Secured creditors may recover on a debt by proceeding against all collateral in a single action or by proceeding against personal property after foreclosing a real property mortgage securing the same debt.

An existing lien on collateral, when acknowledged by a subsequent party taking an interest in that collateral, will remain foreclosable by the secured party maintaining the lien.

Privity exists when one is so identified in interest with another that the person represents the same legal right.

The plain language of a contract is used to determine the parties’ intent.

4201 2nd Ave W v. First State Bank & Trust, et al. 2023 ND 43
Docket No.: 20220309
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Kainz, et al. v. Jacam Chemical Co. 2013 2023 ND 42
Docket No.: 20220135
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Bahr, Douglas Alan

Highlight: An order that has the practical effect of terminating the litigation in the Plaintiff’s chosen forum and effectively forecloses litigation in the courts of this state may be appealable.

The mere pendency of a legal action in one state, alone, does not require abating an action in a second state involving the same parties and the same subject matter.

Under the principles of comity, the district court has discretion to stay an action properly within its jurisdiction until a court in another jurisdiction concludes litigation involving the same parties and subject matter.

Kainz, et al. v. Jacam Chemical Co. 2013 2023 ND 42
Docket No.: 20220135
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Bahr, Douglas Alan

Henry Hill Oil Services v. Tufto, et al. 2023 ND 41
Docket No.: 20220212
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: A construction lien covers the land on which an improvement is located to the extent of the right, title, and interest of the owner for whose use or benefit the labor was done or materials furnished.

A property owner that successfully contests the validity or accuracy of a construction lien is entitled to an award of costs and attorney’s fees.

Henry Hill Oil Services v. Tufto, et al. 2023 ND 41
Docket No.: 20220212
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

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.

Highlight: In civil commitment hearings, the State is burdened with demonstrating by clear and convincing evidence that an individual is a sexually dangerous individual. To do so, the State must establish three statutory elements.

Additionally, the State must establish the individual has serious difficulty in controlling behavior, as required by substantive due process.

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

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