Opinions

Ebel, et al. v. Engelhart, et al. 2024 ND 168
Docket No.: 20240065
Filing Date: 8/28/2024
Case Type: Appeal - Civil - Contracts
Author: McEvers, Lisa K. Fair

Highlight: A contract requires an offer, an acceptance of an offer, and a mutual acceptance and understanding between the offeror and the offeree as to the terms of the obligation.

When an issue not raised by the pleadings is tried by the parties' express or implied consent, it must be treated in all respects as if raised in the pleadings.

Actual notice of a prior competing interest defeats a good-faith purchaser claim.

To succeed on a claim for intentional interference with contract, a plaintiff must prove (1) a contract existed, (2) the contract was breached, (3) the defendant instigated the breach, and (4) the defendant instigated the breach without justification. The test for proving justification is what is reasonable conduct under all the circumstances of the case. Even where the evidence shows a defendant interfered with a contract, the defendant's actions are justified if they are done for legitimate business concerns and did not maliciously seek to damage the plaintiff.

State v. Miller 2024 ND 167
Docket No.: 20240039
Filing Date: 8/14/2024
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: Restitution must be limited to reasonable damages "directly related" to a criminal offense or expenses sustained as a "direct result" of the defendant's criminal action. There must be an immediate and intimate causal connection between the criminal conduct and the damages or expenses for which restitution is ordered. Extradition costs indirectly related to criminal conduct may not be imposed as restitution.

A district court is generally bound by the terms of a plea agreement it has accepted. After accepting a plea agreement and entering judgment, the court may not add an additional punishment.

Ziemann v. Grosz 2024 ND 166
Docket No.: 20230355
Filing Date: 8/14/2024
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: A denial of summary judgment puts the parties to their proof with a full opportunity to present all of their evidence. If a case goes to trial after a motion for summary judgment is denied, the question of whether the trial court erred in denying summary judgment is moot.

A partnership is an association of two or more persons to carry on as co-owners a business for profit. Whether a partnership exists depends on the facts and circumstances of each case. The critical elements of a partnership are (1) an intention to be partners, (2) coownership of the business, and (3) a profit motive.

The determination whether property held in the name of an individual partner belongs to the partnership is a question of fact. The relevant inquiry is whether the partners intended that the property in question be partnership property or individual property.

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. When a statement within a statement is at issue, each must be admissible on its own.

Interest of W.S., a Child 2024 ND 165
Docket No.: 20240179
Filing Date: 8/14/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of W.S., a Child 2024 ND 165
Docket No.: 20240180
Filing Date: 8/14/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Enriquez 2024 ND 164
Docket No.: 20240087
Filing Date: 8/14/2024
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Bahr, Douglas Alan

Highlight: Possession may be actual or constructive, exclusive or joint and may be shown entirely by circumstantial evidence.

Under N.D.C.C. § 12.1-01-04(9), a firearm means any weapon that will expel, or is readily capable of expelling, a projectile by the action of an explosive.

Bolinske v. Sandstrom, et al. 2024 ND 163
Docket No.: 20230359
Filing Date: 8/14/2024
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A district court judgment dismissing a claim of defamation and awarding attorney's fees is affirmed.

A defamation action must be commenced within two years after the claim for relief has accrued. A cause of action accrues on a defamation claim when the publication of the false statement is made to a third party. The period of limitation for commencement of a defamation action is tolled during the 45-day period allowed in N.D.C.C. § 32-43-06 for responding to a request for correction or clarification. The statutory reference to 90 days in N.D.C.C. § 32-43-03(2) does not provide an additional 90-day tolling period in addition to the 45-day period in N.D.C.C. § 32-43-06.

The district court has discretion under N.D.C.C. § 28-26-01(2) to determine whether a claim is frivolous and how much to award in attorney's fees. The court is considered an expert in determining the amount of attorney's fees. A court is not required to describe its calculations in detail when making its findings regarding attorney's fees as long as this Court is able to discern a basis for the award.

Zundel v. City of Jamestown, et al. 2024 ND 162
Docket No.: 20240080
Filing Date: 8/14/2024
Case Type: Original Proceeding - Criminal - Writ of Mandamus
Author: Tufte, Jerod E.

Highlight: Retention of and access to court records is a matter of public interest warranting the exercise of this Court's original jurisdiction.

The judge of a municipal court or a clerk designated by the judge shall be responsible for the administration of all municipal court records in accordance with the records retention schedule.

The retention schedule requires the court to retain permanently a summary of the case or register of actions. A permanent record must be retained indefinitely.

Burleigh Cty. Social Service Bd. v. Rath 2024 ND 161
Docket No.: 20230411
Filing Date: 8/14/2024
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: The doctrine of latches does not apply to child support arrearages.

Even if the division of juvenile services has temporary custody of a minor, the child support obligor still owes child support.

The State and obligee have standing to assert a claim for child support arrearages for a child who has reached the age of majority.

The Federal Consumer Credit Protection Act does not apply to child support.

Heiser, et al. v. Dahl, et al. 2024 ND 160
Docket No.: 20230323
Filing Date: 8/1/2024
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: To satisfy the elements for adverse possession, the acts on which the claimant relies must be actual, visible, continuous, notorious, distinct, and hostile, and of such character to unmistakably indicate an assertion of claim of exclusive ownership by the occupant.

Section 28-01-11, N.D.C.C., narrows the scope of adverse possession when it is not based on a written instrument to property protected by a substantial enclosure or when it has been usually cultivated or improved.

Possession of real property which is permissive at its inception only becomes adverse when there is a disclaimer of the true owner's title or there are acts of an unequivocal nature by the possessor putting the owner on notice of the hostile nature of the possession.

A claimant's mowing and maintenance are not unmistakable hostile uses of land to support a claim of adverse possession.

To establish a new boundary line by the doctrine of acquiescence, it must be shown by clear and convincing evidence that both parties recognized the line as a boundary for at least 20 years.