Opinions

Interest of P.F. (CONFIDENTIAL) (consolidated w/20200284) 2021 ND 77
Docket No.: 20200283
Filing Date: 4/28/2021
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: A juvenile court order finding children to be deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of J.O. (CONFIDENTIAL) 2021 ND 76
Docket No.: 20200194
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Juvenile Law
Author: VandeWalle, Gerald

Highlight: The termination of a guardianship in one case does not create a factual presumption that a guardianship in a related case should be terminated.

Under N.D.C.C. § 27-20.1-16(3)(c), a petitioner must show by clear and convincing evidence that the circumstances that led to the guardianship no longer exist.

A juvenile court does not need to find exceptional circumstances to extend a guardianship.

Under N.D.C.C. § 27-20.1-17(1), a juvenile court does not need to use the words “good cause” to make a finding rising to the level of good cause.

Sollin, et al. v. Klein 2021 ND 75
Docket No.: 20200202
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: A party may waive a personal jurisdiction argument by voluntarily submitting to the personal jurisdiction of the court.

A continuance is the proper remedy for a party claiming unfair surprise.

Before a restraining order may be granted, the petitioner must prove their petition through testimony, rather than by affidavits alone, with an opportunity for cross-examination.

N.B. et al. v. Terwilliger, et al. 2021 ND 74
Docket No.: 20200185
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: When a district court answers a jury’s question on a point of law, it is further instructing the jury.

No law requires a district court to give a jury an instruction on the authority to place property in a trust under N.D.C.C. § 30.1-29-09.

Under N.D.R.Civ.P. 59(g), conformance to the evidence and the district court’s instructions negates any assertion that the verdict was rendered under passion or prejudice.

An inadequate jury award provides a basis for a new trial when it is without support in the evidence.

Schmitz v. State Board of Chiropractic Examiners 2021 ND 73
Docket No.: 20200310
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: A court must accept as true the well-pleaded allegations in the complaint for purposes of a motion to dismiss under N.D.R.Civ.P. 12(b)(6).

City of Glen Ullin, et al. v. Schirado, et al. 2021 ND 72
Docket No.: 20200345
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Crothers, Daniel John

Highlight: Summary judgment is appropriate where there is no dispute as to the material facts or the inferences to be drawn from the undisputed facts, or whenever only a question of law is involved.

A party resisting summary judgment cannot rely only on the pleadings, but must present competent admissible evidence raising an issue of material fact.

A district court’s award of attorney’s fees will not be reversed absent an abuse of discretion.

City of Jamestown v. Casarez 2021 ND 71
Docket No.: 20200279
Filing Date: 4/20/2021
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: An ordinance is not in conflict with a statute where it does not allow that which the statute expressly prohibits.

Jamestown Municipal Code § 21-04-06 is not in direct conflict with N.D.C.C. § 39-08-01.

A person is seized within the meaning of the Fourth Amendment of the United States Constitution only if, in view of all the circumstances surrounding the incident, a reasonable person would have believed he was not free to leave.

Under the Fourth Amendment of the United States Constitution, an officer may, in appropriate circumstances and in an appropriate manner, detain an individual for investigative purposes when there is no probable cause to make an arrest if a reasonable and articulable suspicion exists that criminal activity is afoot.

Big Pines v. Baker, et al. 2021 ND 70
Docket No.: 20200237
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Landlord/Tenant
Author: Crothers, Daniel John

Highlight: A personal guaranty allowing the guarantee to proceed directly against the guarantor without first proceeding against the principal is absolute and unconditional.

Under an absolute guaranty, the guarantor is liable to the guarantee immediately upon the default of the principal.

A decision on an award of attorney’s fees rests in the sound discretion of the district court.

The Supreme Court and the district courts possess concurrent jurisdiction to award attorney’s fees on appeal; however a preference exists that the initial determination be made by the district court.

State v. Landis 2021 ND 69
Docket No.: 20200323
Filing Date: 4/20/2021
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A district court’s criminal judgment following a jury verdict is summarily affirmed under N.D.R.App.P 35.1(a)(3).

State ex rel. Stenehjem v. Maras, et al. 2021 ND 68
Docket No.: 20200304
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: The notice requirements for claims against the State of North Dakota or a state employee under N.D.C.C. § 32-12.2-04(1) apply to counterclaims.

Entry of default judgment as a sanction for discovery abuse may be imposed when there is a deliberate or bad-faith non-compliance that constitutes a flagrant abuse or disregard for the discovery rules.