Opinions

State v. Awad 2020 ND 66
Docket No.: 20190273
Filing Date: 3/19/2020
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: An advisory about possible immigration consequences, like the other advisories in N.D.R.Crim.P. 11(b)(1), need not be repeated immediately prior to entry of a guilty plea if the advisory was given at an earlier hearing and the record reflects the defendant’s knowledge of his rights.

Haas, et al. v. Hudson & Wylie LLP, et al. 2020 ND 65
Docket No.: 20190198
Filing Date: 3/19/2020
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

Under N.D.R.Ev. 408, evidence of compromise or offers to compromise a disputed claim is not admissible to prove liability for, invalidity of, or the amount of a claim.

The concept of “opening the door” allows the admission of otherwise inadmissible testimony to qualify, explain, or limit testimony or evidence previously admitted.

Big Pines v. Baker, et al. 2020 ND 64
Docket No.: 20190249
Filing Date: 3/19/2020
Case Type: Appeal - Civil - Landlord/Tenant
Author: VandeWalle, Gerald

Highlight: The primary purpose in interpreting contracts is to ascertain the parties’ intent.
The parties’ intent is ascertained from the writing alone when a contract is unambiguous.
When a term in a contract has only one logical meaning, the term is unambiguous.
A personal guaranty agreement that does not acknowledge or promise to pay an existing debt is not evidence of debt under N.D.C.C. § 28-26-04.

Bullinger Enterprises v. Dahl, et al. 2020 ND 63
Docket No.: 20190241
Filing Date: 3/19/2020
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: Subsection (6) of the six year statute of limitation under N.D.C.C. § 28 01 16 governs fraud and deceit actions. The district court did not err in finding when the plaintiff was placed on notice of its claims and the assertion of a cause of action was outside the six year statute of limitation.

Messmer v. Messmer 2020 ND 62
Docket No.: 20190243
Filing Date: 3/19/2020
Case Type: Appeal - Civil - Divorce - Property
Author: Jensen, Jon J.

SAEJ Enterprises v. WSI 2020 ND 61
Docket No.: 20190370
Filing Date: 3/19/2020
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: District court judgment affirming an administrative law judge decision that affirmed a Workforce Safety and Insurance order is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7).

Interest of R.S. (CONFIDENTIAL) 2020 ND 60
Docket No.: 20200045
Filing Date: 3/19/2020
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court’s order granting the request for continuing treatment is summarily affirmed under N.D.R.App.35.1(a)(2).

Wasley v. WSI, et al. 2020 ND 59
Docket No.: 20190350
Filing Date: 3/19/2020
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Sapa, et al. v. Lofthus 2020 ND 58
Docket No.: 20190283
Filing Date: 3/19/2020
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Highlight: A district court judgment relating to the cancellation of a contract for deed is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Interest of D.M.D. (CONFIDENTIAL) 2020 ND 55
Docket No.: 20190299
Filing Date: 3/4/2020
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: Juvenile court orders finding and affirming aggravating circumstances and ending services are summarily affirmed under N.D.R.App.35.1(a)(2),(7).