Opinions

Boutrous v. Transform Operating Stores, et al. 2021 ND 100
Docket No.: 20210115
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Landlord/Tenant
Author: McEvers, Lisa K. Fair

Highlight: Under N.D.R.Civ.P. 54(b), if an action presents more than one claim for relief, or if multiple parties are involved, the district court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties’ rights and liabilities.

A judgment or order of eviction is not final unless all of the claims brought pursuant to N.D.C.C. ch. 47-32 are adjudicated, or the district court certifies the judgment as final under N.D.R.Civ.P. 54(b).

Boutrous v. Transform Operating Stores, et al. 2021 ND 100
Docket No.: 20210115
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Landlord/Tenant
Author: McEvers, Lisa K. Fair

PLS Services v. Clear Creek Retirement Plan, et al. 2021 ND 99
Docket No.: 20200270
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Foreclosure
Author: McEvers, Lisa K. Fair

Highlight: A N.D.R.Civ.P. 54(b) certification of judgment may be appropriate if the certified judgment completely decides an entire claim.

Summary judgment is only appropriate if the nonmoving party has had a full opportunity to conduct discovery to
develop information essential to its position.

A good faith purchaser must acquire rights without actual or constructive notice of another’s rights.

McDougall, et al. v. AgCountry Farm Credit Services, et al. 2021 ND 98
Docket No.: 20200282
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: The principle of law of the case requires that the same legal question previously determined on appeal will not be decided differently on a second appeal in the same case where the facts remain the same.

A district court’s findings of fact on unjust enrichment will not be reversed unless clearly erroneous.

A third party’s participation in a transaction between others through which a benefit is obtained is a fact to be considered by the court in determining whether a causal connection existed between an enrichment and impoverishment.
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.

A district court does not abuse its discretion in awarding costs for depositions taken in a prior case where use of those depositions prevented duplicative depositions and costs.

WSI v. Felan, et al. 2021 ND 97
Docket No.: 20200354
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: Section 65-01-02(11)(a)(3), N.D.C.C., requires claimants to prove a compensable heart-related injury by showing with reasonable medical certainty their employment caused the injury and unusual stress was at least 50% of the cause of the injury.

Objective medical evidence may not be established solely by deductive reasoning.

Mistic v. Mistic 2021 ND 96
Docket No.: 20200313
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

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

Tesoro Great Plains Gathering & Marketing v. Mountain Peak Builders 2021 ND 95
Docket No.: 20200260
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: If the obligation a lien secures is satisfied, the lien is extinguished and no longer valid.

An award of attorney fees and costs under N.D.C.C. § 35-24-19 requires a favorable judgment in an action brought to enforce a lien pursuant to N.D.C.C. ch. 35-24.

A claim for enforcement of a statutory lien and an underlying breach of contract claim are separate and distinct.

Dixon v. Dixon 2021 ND 94
Docket No.: 20210070
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: Appeal dismissed in supervised administration of a trust due to lack of a final order or judgment, or a N.D.R.Civ.P. P. 54(b) certification.

State v. Mitchell 2021 ND 93
Docket No.: 20200306
Filing Date: 6/3/2021
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: An order dismissing a criminal complaint, information, or indictment is the equivalent of an order quashing an information or indictment and is therefore appealable under the statute. The State may either appeal an adverse ruling on probable cause or issue a new complaint upon the offer of additional evidence or other good cause.

Because a preliminary hearing is not a trial, the finding of probable cause may be based on hearsay evidence and evidence that would be inadmissible at the trial. The State is not required to prove with absolute certainty or beyond a reasonable doubt that a crime occurred, but rather need only produce sufficient evidence to satisfy the court that a crime has been committed and that the accused is probably guilty.

Froistad v. State 2021 ND 92
Docket No.: 20200274
Filing Date: 5/20/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: When a motion following conviction is denominated as a motion under the North Dakota Rules of Criminal Procedure, the provisions of the Uniform Postconviction Procedure Act, N.D.C.C. ch. 29-32.1, are applicable.

Under N.D.C.C. § 29-32.1-12, an application for postconviction relief may be denied on the ground that the same claim or claims were fully and finally determined in a previous proceeding, or when the applicant presents a claim for relief which the applicant inexcusably failed to raise either in a proceeding leading to judgment of conviction and sentence or in a previous postconviction proceeding.