Opinions

Melendez v. Horning III, et al. 2018 ND 70
Docket No.: 20170183
Filing Date: 3/8/2018
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: Nonsignatories to arbitration agreement may compel signatories to the agreement to arbitrate under some circumstances.
Arbitration clauses are construed under principles for contract interpretation in view of public policy favoring arbitration.

Parshall v. State 2018 ND 69
Docket No.: 20170301
Filing Date: 3/8/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: Plea agreements are interpreted according to general contract principles.
A district court's interpretation of a contract may be examined independently on review for error.

Owego Township v. Pfingsten 2018 ND 68
Docket No.: 20170190
Filing Date: 3/8/2018
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A township's determination or award of damages must be appealed within thirty days of filing under N.D.C.C. §§ 24-07-22 and 28-34-01.

Estate of Albrecht 2018 ND 67
Docket No.: 20170087
Filing Date: 3/8/2018
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.

Highlight: An estate's motion for summary judgment satisfies the statutory requirement that a proceeding on a claim be commenced within sixty days after the personal representative mailed the notice of disallowance.
An individual who consents to a final decree of divorce is not a surviving spouse even if the final decree of divorce is determined to not be valid.
A request for a remedial sanction for contempt may be raised within the proceeding to which the alleged improper conduct is related.
A court has equitable power to order a return to the status quo when a party violating a temporary restraining order has died.
The assertion of an independent claim for economic waste outside of a divorce proceeding is inappropriate.

Yahnke v. State 2018 ND 66
Docket No.: 20170185
Filing Date: 3/8/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court's order denying Yahnke's post-conviction relief application is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Carroll v. Carroll (cross-reference w/20160190) 2018 ND 65
Docket No.: 20170292
Filing Date: 3/8/2018
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: An amended divorce judgment entered on remand and an order reducing child support obligation are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Huft v. Huft 2018 ND 64
Docket No.: 20170432
Filing Date: 3/8/2018
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Order granting disorderly conduct restraining order is summarily reversed under N.D.R.App.P. 35.1(b).

James Vault & Precast Co., et al. v. B&B Hot Oil Service, Inc., et al. 2018 ND 63
Docket No.: 20170130
Filing Date: 3/1/2018
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: In a multi-claim or a multi-party lawsuit with some adjudicated claims, the Supreme Court will not exercise appellate jurisdiction in cases in which parties voluntarily dismiss without prejudice all remaining unadjudicated claims with an intent to circumvent the requirements of N.D.R.Civ.P. 54(b) and artificially manufacture finality for purposes of appellate jurisdiction.

Riddle v. Riddle 2018 ND 62
Docket No.: 20170233
Filing Date: 2/22/2018
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: Under the plain language of N.D.R.Civ.P. 59(b)(1), an irregularity in the proceeding must result from an action "of the court, jury, or adverse party, or any court order or abuse of discretion that prevented a party from having a fair trial."
Under N.D.R.Civ.P. 59(b)(4), evidence is not newly discovered merely because it was not presented to the court in the first instance if it was discoverable before trial.
Due process does not require a court to ensure a litigant's presence at a civil proceeding.
An ineffective assistance of counsel claim is a procedural remedy reserved for those who are statutorily or constitutionally guaranteed right to counsel.

State v. Kremer 2018 ND 61
Docket No.: 20170198
Filing Date: 2/22/2018
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: Self-represented parties should not be treated differently nor allowed any more or any less consideration than parties represented by counsel. "Property" subject to forfeiture includes noncontraband computer files as well as contraband computer files contained on an electronic device.
The possibility a defendant might use otherwise unforfeitable property in an unlawful manner after completion of his criminal sentence does not render the property forfeitable.
Issues not raised in the district court will not be addressed on appeal.