Opinions

Hoverson v. Hoverson (cross-ref.w/20120281 & 20140198) 2017 ND 27
Docket No.: 20160175
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Interpretation of a judgment is a question of law, and an unambiguous judgment may not be modified, enlarged, restricted, or diminished.
The question whether a judgment is ambiguous is a question of law. There is an ambiguity when language can be reasonably construed as having at least two alternative meanings.
A district court may clarify a divorce judgment if the judgment is vague, uncertain, or ambiguous.

Klein, et al. v. Sletto, et al. 2017 ND 26
Docket No.: 20160048
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: A contract for the sale of property is invalid unless it is in writing.

Burk v. State of North Dakota, et al. 2017 ND 25
Docket No.: 20160108
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Tax Realted
Author: McEvers, Lisa K. Fair

Highlight: A settlement agreement is a contract and the parties' rights and responsibilities are limited by the terms of the agreement.
When the language of a contract is plain and unambiguous and the parties' intentions can be ascertained from the writing alone, extrinsic evidence is inadmissible to alter, vary, explain or change the document.

Rathbun v. Rathbun 2017 ND 24
Docket No.: 20160180
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court errs by failing to correctly apply the child support guidelines when imputing income to an obligor.

State v. Cox 2017 ND 23
Docket No.: 20160228
Filing Date: 2/16/2017
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: Issues that are not raised before the district court will not be addressed on appeal.

Nusviken, et al. v. Johnston, et al. 2017 ND 22
Docket No.: 20160233
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: Under an attorney's lien, the attorney is the equitable assignee of money due from the judgment debtor to the judgment creditor.
An attorney practicing in a professional corporation is not personally liable for improper or unethical actions toward parties who are not clients.

Tillich, et al. v. Bruce, et al. 2017 ND 21
Docket No.: 20160094
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: When a party requests attorney fees under N.D.C.C. § 28-26-01(2), the district court must first determine whether a claim is frivolous. If the court determines the claim is frivolous, the court must award reasonable attorney fees to the prevailing party.

Beckstrand v. Beckstrand, et al. (consolidated w/20160106) 2017 ND 20
Docket No.: 20160105
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Cancellation of a contract for deed by action is an action in equity, and the district court must base its decision on equitable principles.
In an equitable action, a court of equity has the power to adjust the rights of the parties with regard to interest, rents, and profits and make complete adjudication of all matters involved in the case.
A district court's findings of fact must be adequate to understand and explain the basis for its decision.

Krenz, et al. v. XTO Energy, Inc. (cross-reference w/20110147) 2017 ND 19
Docket No.: 20160096
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Sandstrom, Dale

Highlight: The unauthorized use of land to develop mineral interests is a trespass.
A party may waive the tort for trespass and recover damages for unjust enrichment under a contract implied in law.
A mineral lessee generally has an implied right to use as much of the lease surface as reasonably necessary to develop minerals, and absent lease provisions to the contrary, production or operations on a part of land included within a lease will extend the lease beyond its primary term as to all land subject to the lease.

J B Construction, Inc. v. Job Service 2017 ND 18
Docket No.: 20160270
Filing Date: 2/16/2017
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: VandeWalle, Gerald

Highlight: The exemption of certain officers from "employment" under the unemployment compensation law is granted to an officer as an individual, not to the officer's position.
Under the unemployment compensation law, if an exempt officer transfers his interest and position in a corporation to another individual, the individual must apply for his own exemption.