Opinions

Avila v. Weaver, et al. 2019 ND 20
Docket No.: 20180111
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: If a post-trial motion does not require the amendment of the judgment, N.D.R.App.P. 4(a)(3) applies and the time for appeal begins upon service of the notice of the order disposing of the motion.

Where the order disposing of the motion necessitates the entry of an amended judgment, N.D.R.App.P. 4(a)(1) applies and the time for appeal begins upon the service of the notice of the entry of the amended judgment.

An initial judgment did not foreclose on an award of attorney fees under N.D.R.Civ.P. 54(e)(3).

This Court does not consider questions that were not presented to the district court and that are raised for the first time on appeal.

Desert Partners IV, L.P., et al. v. Benson, et al. 2019 ND 19
Docket No.: 20180112
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Jensen, Jon J.

Highlight: A district court’s decision on whether to grant a motion for a continuance will not be reversed on appeal absent an abuse of discretion.
Whether or not a party was a good-faith purchaser without notice of a competing interest is a mixed question of fact and law.
A good-faith purchaser is one who acquires rights without actual or constructive notice of another’s rights.

State v. Lott 2019 ND 18
Docket No.: 20180154
Filing Date: 1/15/2019
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Highlight: Criminal judgment of preventing arrest is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

N.D.R.Crim.P. 32., mandates a defendant be given an opportunity to make a statement prior to sentencing.

An individual who has been denied the right of allocution has generally met the burden of showing their substantial rights were affected.

Hogen, et al. v. Hogen, et al. 2019 ND 17
Docket No.: 20180143
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: A transferor cannot convey an interest greater than the transferor has in the property, and a transferor who does not hold title to property cannot pass or transfer title to that property.

S.E.L. v. J.A.P., et al. (CONFIDENTIAL) 2019 ND 16
Docket No.: 20180075
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Paternity
Author: McEvers, Lisa K. Fair

Highlight: Section 14-20-44(2), N.D.C.C., provides a statute of limitations barring proceedings to challenge an acknowledged father’s paternity and to adjudicate paternity brought more than two years after the effective date of the paternity acknowledgment.

Kieson v. Kieson 2019 ND 15
Docket No.: 20180157
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: A marital property distribution in a divorce case is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Cody v. Cody 2019 ND 14
Docket No.: 20180120
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: The district court has broad discretion in deciding evidentiary matters, including whether to admit telephonic testimony.
Interlocutory orders generally are not appealable and may be revised or reconsidered any time before the final order or judgment is entered.
Claims for ineffective assistance of counsel have not been extended to civil actions for divorce.

Seccombe, et al. v. Rohde, et al. 2019 ND 13
Docket No.: 20180069
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: A county court acquired jurisdiction over property when executor of estate filed a petition to sell the property and the petition substantially complied with statutory requirements.
When the sale of property by an executor or administrator of an estate is required to be confirmed by the court under statute, the order confirming the sale cures all nonjurisdictional errors and irregularities occurring after the court obtains jurisdiction.

Interest of E.S. (CONFIDENTIAL) 2019 ND 12
Docket No.: 20180426
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Mental Health
Author: McEvers, Lisa K. Fair

Highlight: A district court’s finding respondent is mentally ill and requires treatment will not be reversed unless it is clearly erroneous.

To show a respondent is a person requiring treatment, the petitioner must prove by clear and convincing evidence that the person is mentally ill and there is a reasonable risk that, if the person is not treated, he poses a serious risk of harm to himself, others, or property.

State v. Christensen 2019 ND 11
Docket No.: 20180156
Filing Date: 1/15/2019
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: Appellate review of a criminal sentence is generally confined to whether the district court acted within the sentencing limits prescribed by statute, or substantially relied upon an impermissible factor.

The presumptive probation statute requires a sentence of probation unless an exception applies.