Opinions

Huerd v. General Motors, LLC 2019 ND 249
Docket No.: 20190125
Filing Date: 10/29/2019
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: An action brought in small claims court is subject to the doctrine of res judicata. A small claims court’s judgment cannot be appealed in district court. Unless requested by a party, oral argument on a motion under N.D.R.Ct. 3.2 is not required.

Herman v. Herman, et al. 2019 ND 248
Docket No.: 20190150
Filing Date: 10/29/2019
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.

Highlight: N.D.C.C. § 59-10.1-03(1) requires receipt of the notice, proven through the presumption or otherwise, to begin the 120 day limitation period. The presumption under N.D.C.C. § 59-10.1-03(1) is rebuttable.

It was an abuse of discretion for a district court to deny time for additional discovery under N.D.R.Civ.P. 56(f) when the motion for summary judgment was filed within four days of the service of the complaint and the motion for summary judgment was resolved as the result of a material fact established through a presumption.

Interest of G.T. (CONFIDENTIAL)(consol. w/20190258-20190260 & 20190265-20190268) 2019 ND 247
Docket No.: 20190257
Filing Date: 10/29/2019
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Orders terminating mother, father, and John Doe’s parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2),(4), and (7).

State v. Tyler 2019 ND 246
Docket No.: 20190067
Filing Date: 10/3/2019
Case Type: Appeal - Criminal - Assault
Author: Jensen, Jon J.

Highlight: When a party moves for a mistrial because of an unavailable witness who already testified and neither party is at fault, the movant must make an offer of proof to provide a record of what additional testimony the witness would provide and why the additional testimony is material.

Ramirez v. Houge, et al. 2019 ND 245
Docket No.: 20190120
Filing Date: 10/3/2019
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: District court judgment affirmed under N.D.R.App.P. 35.1(a)(1), (2), and (4).

First National Bank of Omaha v. Young 2019 ND 244
Docket No.: 20190113
Filing Date: 10/3/2019
Case Type: Appeal - Civil - Debtor/Creditor
Author: Per Curiam

Highlight: A district court summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Trulson, et al. v. Meiers, et al. 2019 ND 243
Docket No.: 20190035
Filing Date: 10/3/2019
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: McEvers, Lisa K. Fair

Highlight: Whether there was delivery of a deed is a question of fact.

A grantee’s possession of a deed raises a presumption that the grantor intended delivery of the deed. The evidence to overcome the presumption of delivery must be clear and convincing.

Carlson v. State 2019 ND 242
Docket No.: 20190057
Filing Date: 10/3/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: The order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Gregory 2019 ND 241
Docket No.: 20190060
Filing Date: 10/3/2019
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: The criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). Sufficient evidence exists that could allow a jury to draw a reasonable inference in favor of conviction of manslaughter.

Brock v. Price, et al. 2019 ND 240
Docket No.: 20190092
Filing Date: 10/3/2019
Case Type: Appeal - Civil - Personal Injury
Author: Tufte, Jerod E.

Highlight: A district court may revise any non-final order before entry of a final judgment and has discretion to extend deadlines in its scheduling order before trial.

Once a claimant is allowed to participate in the workers’ compensation fund, he or she may no longer elect to bring a lawsuit against the employer.

The word “must” in a statute normally indicates a mandatory duty.