Opinions

Gerving v. Gerving, et al. 2020 ND 116
Docket No.: 20190253
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: In divorce cases, the district court must make an equitable property distribution.

Kling v. NDDOT 2020 ND 115
Docket No.: 20200024
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Highlight: A district court judgment affirming an administrative suspension of driving privileges for a period of 91 days is affirmed under N.D.R.App.P. 35.1(a)(7).

Axtman v. Axtman 2020 ND 114
Docket No.: 20190300
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: Under N.D.R.Civ.P. 60(a), a district court may amend a judgment to correct a mistake resulting from an oversight or omission that causes the judgment to fail to reflect the court’s intent.
Under N.D.R.Civ.P. 60(a), a district court must provide notice to the parties before it amends a judgment on its own.

Voigt v. Nelson 2020 ND 113
Docket No.: 20190285
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Paternity
Author: McEvers, Lisa K. Fair

Highlight: Section 8.6, N.D.R.Ct., governs parenting investigators and incorporates the code of conduct. The code of conduct provides a parenting investigator should aggressively strive to achieve professional independence and objectivity.

A judgment establishing paternity and granting primary residential responsibility and decision making authority for non-emergency healthcare decision to one parent when the parties cannot agree is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Dellinger v. Wolf, et al. 2020 ND 112
Docket No.: 20190301
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Tufte, Jerod E.

Highlight: The Declaratory Judgment Act does not provide statutory authorization for immediate appeals of decisions concerning insurers’ duty to defend.

Thiel v. Thiel 2020 ND 111
Docket No.: 20200002
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: District court orders denying motions for continuance and for appointment of a parenting investigator and a divorce judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Sims v. Sims, et al. 2020 ND 110
Docket No.: 20190248
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: Extended parenting time with a fit non-custodial parent is routinely awarded if the child is old enough, absent a reason for denying it.

A district court’s property valuations and distribution in a divorce case are findings of fact, which will not be reversed on appeal unless they are clearly erroneous.

The district court may not order a property distribution that is inconsistent with the parties’ settlement agreement without providing an explanation for its decision.

The court may not order remedial sanctions for contempt without a finding of contempt.

Horvath v. State 2020 ND 109
Docket No.: 20190344
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Traynor Law Firm v. State, et al. 2020 ND 108
Docket No.: 20190310
Filing Date: 5/14/2020
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: A district court judgment determining the State is responsible to pay attorney’s fees for removal of a county officer is affirmed and awarding interest at 6% per year is reversed.

Jacobs-Raak v. Raak, et al. 2020 ND 107
Docket No.: 20190123
Filing Date: 5/7/2020
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Only judgments and decrees constituting a final judgment and specific orders enumerated by statute are appealable.

A two-step analysis is used to evaluate the finality of orders for review: the order or judgment must be appealable under N.D.C.C. § 28-27-02, and the requirements of N.D.R.Civ.P. 54(b), if applicable, must be met.

The district court has broad discretion in making contempt decisions, which will only be disturbed on appeal if the court abused its discretion.

The district court errs as a matter of law if it fails to comply with the child support guidelines in determining an obligor’s child support obligation.

An agreement purporting to relieve an obligor of any current or future duty of child support is void.