Opinions

Rice v. Neether 2016 ND 247
Docket No.: 20160013
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: The rebuttable presumption that a deed has been delivered at its date arises only after delivery has been separately established.
A signed deed in the hands of the grantor's attorney, who also drafted the deed, is not deemed delivered without the requisite intent of the grantor to actually or constructively deliver the deed.

Solwey v. Solwey 2016 ND 246
Docket No.: 20160158
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: For analysis of a prima facie showing for a change of primary residential responsibility, when the non-moving party submits a subsequent affidavit that conflicts with the person's initial affidavit submitted by the moving party, a district court must disregard any conflicting allegations in the subsequent affidavit.
The determination of a prima facie showing is not the time for a mini-trial by affidavit.

Jones v. Levi 2016 ND 245
Docket No.: 20160216
Filing Date: 12/20/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: The basis for a district court decision reversing an administrative agency order must have been properly raised by a party at the administrative level.

Nesheim v. Nesheim 2016 ND 244
Docket No.: 20160159
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Interest of E.G.U. (Consolidated w/20160356)(Confidential) 2016 ND 243
Docket No.: 20160355
Filing Date: 12/20/2016
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 (7).

Matter of Hehn (cross-reference 20070167, 20110053, 20120070, (continued) 2016 ND 242
Docket No.: 20160213
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Timm 2016 ND 241
Docket No.: 20150332
Filing Date: 12/20/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: DUI conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Jacobs-Raak v. Raak 2016 ND 240
Docket No.: 20150360
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: When the parties agree to a division of property, the district court should explain its reasons for not dividing the property according to that agreement.
Whether payments are intended as "loans" or "gifts" is a question of fact which will not be reversed on appeal unless clearly erroneous.
Whether to award past child support and the starting date of the commencement of child support are discretionary and will not be overturned unless the court abuses its discretion.
The Supreme Court does not address issues raised for the first time in a reply brief.

Interest of R.F. (CONFIDENTIAL) 2016 ND 239
Docket No.: 20160389
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court order continuing R.F.'s hospitalization and involuntary treatment with medication is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Young, n/k/a Klein v. Young (cross-ref. w/20070293) 2016 ND 238
Docket No.: 20160206
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: District court order denying motion to change primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2),(4), and (7).