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Zuger v. Zuger 1997 ND 97
Docket No.: 19960195
Filing Date: 5/23/1997
Case Type: Appeal - Civil - Divorce - Property
Author: Meschke, Herbert

Symington v. Walle Mutual Ins. Co., et al. 1997 ND 93
Docket No.: 19960340
Filing Date: 5/13/1997
Case Type: Appeal - Civil - Insurance
Author: Maring, Mary

Toth v. Disciplinary Board 1997 ND 75
Docket No.: 19960334
Filing Date: 4/22/1997
Case Type: Discipline - Attorney - Original Proceeding
Author:

Moch v. Moch, et al. (CONSOLIDATED W/960179) 1997 ND 69
Docket No.: 19960178
Filing Date: 4/22/1997
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

State v. Garcia 1997 ND 60
Docket No.: 19960180
Filing Date: 4/1/1997
Case Type: Appeal - Criminal - Homicide
Author: Meschke, Herbert

Estate of Zimmerman 1997 ND 58
Docket No.: 19960318
Filing Date: 4/1/1997
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Maring, Mary

City of Williston v. Hegstad 1997 ND 56
Docket No.: 19960173
Filing Date: 4/1/1997
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Lovin v. Lovin 1997 ND 55
Docket No.: 19960189
Filing Date: 4/1/1997
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Medcenter One v. ND State Board of Pharmacy 1997 ND 54
Docket No.: 19960299
Filing Date: 4/1/1997
Case Type: Appeal - Civil - Administrative Proceeding
Author: Meschke, Herbert

Loll v. Loll, et al. 1997 ND 51
Docket No.: 19960279
Filing Date: 4/1/1997
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Traynor, et al. v. Leclerc, et al. 1997 ND 47
Docket No.: 19960373
Filing Date: 4/1/1997
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Meschke, Herbert

ND Workers Compensation Bureau v. Leclerc 1997 ND 47
Docket No.: 19960377
Filing Date: 4/1/1997
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Meschke, Herbert

Filler et al. v. Bragg et al. 1997 ND 24
Docket No.: 19960275
Filing Date: 2/12/1997
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: VandeWalle, Gerald

Bies, f/k/a Obregon v. Obregon 1997 ND 18
Docket No.: 19950341
Filing Date: 2/12/1997
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

State v. Foster (Consolidated w/960176) 1997 ND 8
Docket No.: 19960025
Filing Date: 1/16/1997
Case Type: Appeal - Criminal - Sexual Offense
Author: Maring, Mary

State v. Carlson 1997 ND 7
Docket No.: 19960070
Filing Date: 1/16/1997
Case Type: Appeal - Criminal - Other
Author: Maring, Mary

Anderson v. A.P.I. Company, et al. 1997 ND 6
Docket No.: 19950392
Filing Date: 1/16/1997
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Neumann, William

Tormaschy, et al. v. Tormaschy, et al. 1997 ND 2
Docket No.: 19950367
Filing Date: 1/16/1997
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

State v. Williams 1 7.N.W3 d820
Docket No.: 20240203
Filing Date: 3/20/2025
Case Type: Appeal - Criminal - Misc. Felony
Author: Crothers, Daniel John

State v. Rolland 1 1.N.W3 d761
Docket No.: 20230313
Filing Date: 3/13/2025
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: Whether a criminal defendant is competent to stand trial is a question of fact reviewed under the clearly erroneous standard. When a court has found a defendant facing felony charges to be unfit to proceed, N.D.C.C. § 12.1-04-08 contemplates attempted rehabilitation.

Anderson v. Foss, et al. 1 0.N.W3 d570
Docket No.: 20240008
Filing Date: 2/27/2025
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: A district court did not abuse its discretion when setting the commencement date for the new child support obligation one year from the date of the motion to modify.

A district court did not err in ruling that timely requests for health insurance related reimbursements was not necessary when the requests became futile and when the amount owed to the parent making the requests is the same amount each month.

A district court's findings removing one parent's ability to make day-to-day decisions are not clearly erroneous.

McKenzie Electric Coop., Inc. v. El-Dweek, et al. 1 5.N.W3 d12
Docket No.: 20240275
Filing Date: 1/24/2025
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Tufte, Jerod E.

Disciplinary Board v. Spencer 003 N.W.3d 122
Docket No.: 20240012
Filing Date: 12/12/2024
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Northstar Center v. Lukenbill Family Partnership, et al. 1 4.N.W3 d45
Docket No.: 20240034
Filing Date: 11/21/2024
Case Type: Appeal - Civil - Contracts
Author: Bahr, Douglas Alan

Highlight: Summary judgment should not constitute mini-trials of factual issues and is not appropriate when the court must draw inferences or make findings on disputed facts.

The elements of a prima facie case for breach of contract are: (1) the existence of a contract; (2) breach of the contract; and (3) damages which flow from the breach. A breach of contract is the nonperformance of a contractual duty when it is due. While construction of a written contract to determine its legal effect presents a question of law, whether a party has breached a contract is a finding of fact.

An interference with contract claim contemplates a tortfeasor who either prevented a third party from entering into a contract or induced the third party to breach the contract with the plaintiff. To establish a prima facie case for intentional interference with contract, a plaintiff must prove (1) a contract existed, (2) the contract was breached, (3) the defendant instigated the breach, and (4) the defendant instigated the breach without justification.

To prevail on an intentional interference with contract claim, the plaintiff must show the defendant acted intentionally, and the intent required goes beyond the traditional tort concept of intent. The plaintiff must show the defendant specifically intended to interfere with the plaintiff's contractual rights, or acted with knowledge that the interference would result. A party's intent generally presents a question of fact.

An indemnity is a contract by which one engages to save another from a legal consequence of the conduct of one of the parties or of some other person. Indemnification is a remedy which allows a party to recover reimbursement from another for the discharge of a liability which, as between them, should have been discharged by the other.

Morales v. Weatherford U.S., et al. 6.N.W3 d657
Docket No.: 20230110
Filing Date: 8/1/2024
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Recovery under a theory of negligence requires a plaintiff to show the defendant owed a duty of care. Whether a duty exists is a legal question to be decided on the facts. Under premises liability law, landowners owe a general duty to lawful entrants to maintain their property in a reasonably safe condition in view of all the circumstances. A landowner's duty to protect entrants upon the land or warn of dangerous conditions is limited when the dangerous condition is known or obvious to the entrant. Roadways present an open and obvious danger to pedestrians of being struck by vehicular traffic. A landowner may have a duty to protect against open and obvious dangers when there is reason to expect that an entrant's attention may be distracted. The distraction exception is not available when the plaintiff is the source of inattention.

Interest of H.J.J.N. 9.N.W3 d656
Docket No.: 20240060
Filing Date: 7/5/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An amended judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Brown v. State 6.N.W3 d823
Docket No.: 20230364
Filing Date: 6/20/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan

Highlight: The definition of official detention does not preclude custody while on probation.

An unambiguous sentence pronouncement controls over an ambiguous sentence, whether oral or written.

When there is an ambiguity between two sentences, the record must be examined to determine the district court's intent.

Peltier v. State (consolidated w/20230392)
Docket No.: 20230391
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court's order on petitions is summarily affirmed under N.D.R.App.35.1(a)(2).

Vacancy in Judgeship No. 8, ECJD
Docket No.: 20240055
Filing Date: 4/23/2024
Case Type: Judicial Administration - Vacancy - Vacancy
Author: Per Curiam

Highlight: Vacancy retained at Fargo

Interest of J.C. (CONFIDENTIAL)(consolidated w/ 20230378) 002 N.W.3d 228
Docket No.: 20230377
Filing Date: 3/7/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court errs when it relies on facts which are outside of the evidentiary record when exercising its discretion to terminate parental rights.

Dimmler v. Dimmler, et al.
Docket No.: 20230154
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Complete valuation of a remainder interest includes consideration of the debt secured by a mortgage on the real estate.

A court can value personal property within the range of evidence supplied. If parties fail to value, or give little value, to marital property, the district court may award no value to the property.

A district court must weigh the evidence to determine which parent will receive primary residential responsibility. This Court will not retry the district court’s findings on best interest factors.

A district court can impute wages under N.D. Admin. Code § 75-02-04.1-07(3) when a party is underemployed. If a party is employed, the court can impute wages if the party does not meet an exception under N.D. Admin. Code § 75-02-04.1-07(5).

A district court does not abuse its discretion by reserving the issue of interim child support, and later denying a retroactive award of child support, when the parties made equalizing payments for overall expenses.

Recovery of attorney's fees is addressed to the district court’s discretion.

Albertson v. Albertson 996 N.W.2d 662
Docket No.: 20230034
Filing Date: 12/1/2023
Case Type: Appeal - Civil - Other
Author: Bahr, Douglas Alan

Highlight: A district court must specially state facts when granting a disorderly conduct restraining order, which allow a reviewing court to understand the basis of the decision.

Section 28-26-01, N.D.C.C., applies to awards of attorney’s fees by the district court, not the Supreme Court.

State v. Brame 993 N.W.2d 338
Docket No.: 20230024
Filing Date: 11/24/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Highlight: District courts must substantially comply with N.D.R.Crim.P. 11 to ensure a defendant knowingly and voluntarily enters a guilty plea.

The Court remands to provide the State the opportunity to file transcripts to prove the district court substantially complied with N.D.R.Crim.P. 11.

Legacie-Lowe v. Lowe 990 N.W.2d 592
Docket No.: 20220314
Filing Date: 8/2/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Goetz v. Goetz, et al. 988 N.W.2d 553
Docket No.: 20220231
Filing Date: 7/7/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Martinez v. State
Docket No.: 20220281
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Queen v. Martel, et al. 980 N.W.2d 914
Docket No.: 20220121
Filing Date: 2/23/2023
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Norberg v. Norberg, et al. 977 N.W.2d 711
Docket No.: 20220064
Filing Date: 1/5/2023
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Interest of A.C. (CONFIDENTIAL) 975 N.W.2d 567
Docket No.: 20220081
Filing Date: 9/15/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Matter of Rose Henderson Peterson Mineral Trust 974 N.W.2d 372
Docket No.: 20210258
Filing Date: 9/15/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Disciplinary Board v. Baird (consolidated w/ 20210329-20210330)
Docket No.: 20210239
Filing Date: 7/21/2022
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Interest of K.B. (CONFIDENTIAL) (CONSOLIDATED W/20210110) 961 N.W.2d 293
Docket No.: 20210109
Filing Date: 9/9/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Ring v. NDDHS 950 N.W.2d 142
Docket No.: 20200072
Filing Date: 8/5/2021
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: When ruling on a motion for substitution upon a party’s death, the district court must determine whether the case was extinguished by the death, and if not, whether the party seeking substitution is the proper successor.

Lavallie v. Jay, et al. 945 N.W.2d 288
Docket No.: 20190402
Filing Date: 8/5/2021
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: Issues related to subject matter jurisdiction can be raised at any time and cannot be waived.
As a general rule, it is presumed that North Dakota district courts have subject matter jurisdiction, and the party challenging the district court’s subject matter jurisdiction bears the burden of proving the district court lacks subject matter jurisdiction.

Atkins v. State 952 N.W.2d 239
Docket No.: 20200077
Filing Date: 6/24/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Court-appointed appellate counsel is not permitted to file an Anders brief in post-conviction relief proceedings.

Cass County Joint Water Resource District v. Aaland, et al. 948 N.W.2d 829
Docket No.: 20200171
Filing Date: 3/24/2021
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: Under Rule 8, N.D.R.App.P., the Court has the authority to grant a stay pending appeal.

The Court considers four criteria when deciding whether to grant an application for a stay: 1) a strong showing that the appellant is likely to succeed on appeal; 2) that unless the stay is granted, the appellant will suffer irreparable injury; 3) that no substantial harm will come to any party by reason of the issuance of the stay; and 4) that granting the stay will do no harm to the public interest.

Matter of Hehn 949 N.W.2d 848
Docket No.: 20190353
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: McEvers, Lisa K. Fair

Highlight: Civil commitment decisions require detailed findings, including credibility determinations and references to evidence the court relied on in making its decision. Conclusory, general findings do not comply with N.D.R.Civ.P. 52(a).

Holter v. City of Mandan 946 N.W.2d 524
Docket No.: 20190277
Filing Date: 9/21/2020
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Highlight: This Court exercises a limited review of a challenge to a municipality’s decision to specially assess property.

A municipality has broad discretion to determine benefits and apportion assessments and costs to properties within an improvement district.

The special assessment against a property must not exceed the benefit which has been determined to have accrued thereto.

Carlson v. Carlson 938 N.W.2d 413
Docket No.: 20190187
Filing Date: 3/19/2020
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Section 14-09-06.2(1)(j), N.D.C.C., creates a rebuttable presumption against awarding custody of a child to a perpetrator of domestic violence if certain criteria is met.
If competent evidence of domestic violence does not trigger the statutory presumption, the violence must be considered as one factor in deciding primary residential responsibility.
A district court’s findings and conclusions regarding the presumption should be sufficiently detailed to allow this Court to understand the basis for its decision.

Caster v. State 931 N.W.2d 223
Docket No.: 20190043
Filing Date: 3/19/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald W.

Highlight: District court order summarily denying application for post-conviction relief remanded with instructions for further proceedings.

Reliance on proposed orders containing no factual findings, conclusions of law, or support from the record does not satisfy the requirements of N.D.C.C. § 29-32.1-11.