Opinions

Interest of A.W. 2025 ND 140
Docket No.: 20250141
Filing Date: 7/31/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Highlight: An aggrieved party, including the state or a subdivision of the state, may appeal from a final order, judgment, or decree of the juvenile court to the supreme court by filing written notice of appeal within thirty days after entry of the order, judgment, or decree, or within any further time the supreme court grants, after entry of the order, judgment, or decree.

Interlocutory orders are appealable if it is deemed to be an appeal from a subsequently entered consistent final order or judgment.

The party requesting review of the findings and order of a judicial referee by a district court judge must give notice to all other parties. If a party is represented by counsel, all documents filed with the court must be signed by the attorney of record.

Issues not briefed on appeal are waived.

Juliuson v. Johnson, et al. 2025 ND 139
Docket No.: 20240338
Filing Date: 7/31/2025
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: Issues not briefed are deemed abandoned.

A district court's decision on a motion under N.D.R.Civ.P. 50 to deny or grant judgment as a matter of law is based upon whether the evidence, when viewed in the light most favorable to the party against whom the motion is made, leads to but one conclusion as to the verdict about which there can be no reasonable difference of opinion.

A district court's decision on a motion for judgment as a matter of law is fully reviewable on appeal.

The doctrine of an implied covenant of good faith and fair dealing is limited to the insured-insurer relationship.

A breach of contract, even if intentional, malicious, or in bad faith, does not give rise to a breach of contract claim or turn a breach of contract claim into a tort claim absent proof of independent tortious conduct.

State v. Erickstad 2025 ND 138
Docket No.: 20240300
Filing Date: 7/31/2025
Case Type: Appeal - Criminal - Homicide
Author: Crothers, Daniel John

Highlight: A district court shall correct an illegal sentence at any time with notice.

A district court must provide notice to all parties before amending a sentence under N.D.R.Crim.P. 35(a)(2).

Rademacher v. State 2025 ND 137
Docket No.: 20250023
Filing Date: 7/31/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan

Highlight: Issues not raised in an application for postconviction relief cannot be raised for the first time on appeal.

"Fitness to proceed" and "lack of criminal responsibility" are separate and distinct concepts. The process for an examination or evaluation for fitness to proceed and lack of criminal responsibility differ.

Rule 52(a), N.D.R.Civ.P., requires, "In all actions tried upon the facts without a jury . . . the [district] court shall find the facts specially and state separately its conclusions of law."

A petitioner in a postconviction relief proceeding carries a heavy burden to establish a reasonable probability that, but for trial counsel's error, the result of the proceeding would have been different. Generally, a petitioner must provide more than conclusory allegations to meet that burden.

Liquid Hospitality v. Bd. of City Commissioners of the City of Fargo 2025 ND 136
Docket No.: 20240347
Filing Date: 7/31/2025
Case Type: Appeal - Administrative - Other
Author: Jensen, Jon J.

Highlight: A district court erred in finding Fargo Municipal Code § 25-1509.2 to be unconstitutionally vague.

Axvig, et al. v. Czajkowski, et al. 2025 ND 135
Docket No.: 20250004
Filing Date: 7/17/2025
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: A district court misinterpreted a contract for deed by allowing a party to proceed with a cancellation action without first providing the other party notice of the default and time to cure the default as required by the contract.

A remedy is the appropriate legal form of relief by which that remediable right ay be enforced. It is the form of relief by which the right is enforced and is not part of the cause of action.

Cancellation of the contract for deed is one remedy, which may be achieved by alternative methods: 1) a statutory cancellation under N.D.C.C. ch. 32-18; or 2) a court action.

Cancellation of a contract for deed by action is an action in equity, and the court must base its decision on equitable principles. In the absence of express terms specifying notice and redemption, an action for cancellation has a presumption that notice and redemption are appropriate and require specific findings weighing the equity of a notice and redemption period.

State v. Berkley 2025 ND 134
Docket No.: 20240351
Filing Date: 7/17/2025
Case Type: Appeal - Criminal - Child Abuse/Child Neglect
Author: Tufte, Jerod E.

Highlight: We interpret statutes to give meaning and effect to every word, phrase, and sentence, and do not adopt a construction which would render part of the statute mere surplusage. Our primary goal when interpreting statutes is to determine the Legislature's intended meaning.

If, after applying our statutory and doctrinal canons, the plain or ordinary language suggests two plausible and rational meanings, then the statute is ambiguous. When a statute is ambiguous, we may consider extrinsic aids, including legislative history, along with the language of the statute, to understand the Legislature's intended meaning.

Section 12.1-32-15(2), N.D.C.C., allows the court to deviate from the registration for "crimes against children" if the court first finds the individual has not previously been convicted as a sexual offender or for a crime against a child, and the individual did not exhibit mental abnormality or predatory conduct in the commission of the offense, unless the offense is described in section 12.1-29-02, or the offense is described in section 12.1-18-01 or 12.1-18-02 and the person is not the parent of the victim. The phrase "and the person is not the parent of the victim" applies to section 12.1-18-01 and 12.1-18-02, but not section 12.1-29-02.

State v. Solomon 2025 ND 133
Docket No.: 20250021
Filing Date: 7/17/2025
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Highlight: Under the speedy trial statute, trials must begin within 90 days of invoking this right, unless the court finds "good cause" for delay. Courts consider four factors when determining good cause: (1) length of delay, (2) reason for delay, (3) whether the defendant asserted the right, and (4) prejudice to the defendant.

Even if a district court doesn't explicitly discuss these factors, we will uphold the court's decision if applying the factors would reach the same result.

It is unnecessary to seek judicial notice of matters outside the record to rebut allegations contrary to the existing record.

WSI v. Boechler, et al. 2025 ND 132
Docket No.: 20240165
Filing Date: 7/17/2025
Case Type: Appeal - Civil - Personal Injury
Author: Jensen, Jon J.

Highlight: Under N.D.C.C. § 65-04-26.1, a president of a corporation is not personally liable for penalties imposed due to a failure to file payroll reports.

North Dakota Century Code § 65-04-26.1(3) requires Workforce Safety and Insurance to make an administrative determination regarding personal liability. A decision regarding personal liability under N.D.C.C. § 65-04-26.1 applies prospectively thus establishing personal liability for future sums owed by the corporation.

Bang, et al. v. Continental Resources 2025 ND 131
Docket No.: 20240239
Filing Date: 7/17/2025
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Bahr, Douglas Alan

Highlight: Under a usual oil and gas lease, the lessee, in developing the leased premises, is entitled to use of the land reasonably necessary in producing the oil. Even though the surface rights of the lessee may arise by implication, it is important to note that lessee's rights are primarily governed by the specific grant of rights in the lease.

A district court has broad discretion in admitting or excluding evidence at trial, which will not be overturned on appeal absent an abuse of discretion.

An appellate court's conclusion a trial court did not abuse its discretion by admitting certain evidence in one case does not mean another trial court abused its discretion by not admitting similar evidence in a different case.

The district court has discretion to determine an appropriate sanction for a party's failure to supplement interrogatories and may exclude expert testimony that is beyond the scope of a party's responses to interrogatories.

The district court is not required to give instructions in the specific language requested by a party if the instructions given fairly and adequately inform the jury of the law.