Opinions

Grengs v. Grengs 2020 ND 242
Docket No.: 20190339
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: The court lacked jurisdiction to resolve a motion to set aside a judgment during a pending appeal.

Whether a stipulated agreement is enforceable will not be addressed for the first time on appeal.

The court did not abuse its discretion holding the obligor spouse in contempt for failing to secure a security interest and mortgage of a limited liability company as required by judgment.

State v. Vaagen 2020 ND 241
Docket No.: 20200006
Filing Date: 11/19/2020
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: The timely filing of a notice of appeal is mandatory and jurisdictional, and cannot be waived by the appellate court.

This Court will not consider an argument that is not adequately articulated, supported, and briefed.

Krolik v. Muscha 2020 ND 240
Docket No.: 20200085
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: Failure to observe proper hearing date provided in notice of hearing cannot be imputed to the district court.

Interest of K.R.C.W. (CONFIDENTIAL) 2020 ND 239
Docket No.: 20200246
Filing Date: 11/19/2020
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court may terminate parental rights solely on a finding of deprivation when the child has been in foster care for at least four hundred fifty out of the previous six hundred sixty nights.

Burden v. State 2020 ND 238
Docket No.: 20200143
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

State v. Gates 2020 ND 237
Docket No.: 20200154
Filing Date: 11/19/2020
Case Type: Appeal - Criminal - Other
Author: McEvers, Lisa K. Fair

Highlight: An appeal may be dismissed when an appellant’s brief fails to provide a court with an opportunity to meaningfully review the alleged error.

Estate of Lindvig (consolidated w/20200136) 2020 ND 236
Docket No.: 20200135
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: Under N.D.C.C. § 47-10-23.1, a nontestamentary transfer of real property between spouses is conclusively presumed to be for consideration unless otherwise stated in writing.

The interpretation of a power of attorney is governed by its plain language unless the fiduciary relationship requires a special rule.

State, et al. v. P.K. (Confidential) 2020 ND 235
Docket No.: 20200073
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Paternity
Author: Crothers, Daniel John

Highlight: In a child support action brought by the State on behalf of a parent, a counterclaim by the defendant seeking a determination of primary residential responsibility is not a counterclaim against the State for purposes of N.D.R.Civ.P. 13(d).

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

A court’s oral findings on the best interest factors may explain its written findings.

MDU v. Behm 2020 ND 234
Docket No.: 20200122
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: Under the law of the case doctrine, a party cannot on a second appeal relitigate issues that were resolved in the first appeal or that would have been resolved had they been properly presented in the first appeal.

The district court has discretion to award costs and attorney’s fees in an eminent domain action.

Gooss v. Gooss, et al. 2020 ND 233
Docket No.: 20200076
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The required payment of travel expenses to exercise parenting time constitutes child support and falls under the jurisdiction of the Uniform Interstate Family Support Act (“UIFSA”).

Under North Dakota’s child support guidelines, a court does not abuse its discretion when granting a downward deviation for child support based on the actual travel expenses and practices of a party.