Opinions

Schaffner v. Schaffner (cross reference w/20160388 & 20170021) 2017 ND 170
Docket No.: 20170044
Filing Date: 7/12/2017
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: For purposes of appealability, district court orders are treated as final judgments if the district judge intended the order to be a final judgment.

Mosser, et al. v. Denbury Resources, Inc., et al. 2017 ND 169
Docket No.: 20160379
Filing Date: 7/12/2017
Case Type: Certified Question - Civil - Civil
Author: Kapsner, Carol

Highlight: Absent a prior conveyance of pore space to a third party, the owner of a surface estate owns the pore space beneath the surface.
A surface owner may recover damages from a mineral developer for the developer's use of pore space for saltwater disposal.

State v. Glick 2017 ND 168
Docket No.: 20160439
Filing Date: 7/12/2017
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: Motions for mistrial fall within the broad discretion of the district court and will not be reversed on appeal absent a showing that the court abused its discretion or that a manifest injustice would occur.

Denault v. State 2017 ND 167
Docket No.: 20160294
Filing Date: 7/12/2017
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Declaratory judgment actions are reviewed under the same standards as other cases.
The district court's decision whether to grant or deny a request for a declaratory judgment is discretionary and will not be set aside on appeal absent an abuse of discretion.

Interest of M.M.C. (CONFIDENTIAL)(consolidated w/20170209-20170211 & 20170217-20 2017 ND 166
Docket No.: 20170208
Filing Date: 7/12/2017
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Highlight: A district judge's order affirming a juvenile court referee's findings of fact and order terminating parental rights, and adopting the referee's order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Watkins 2017 ND 165
Docket No.: 20160392
Filing Date: 7/12/2017
Case Type: Appeal - Criminal - Theft
Author: VandeWalle, Gerald

Highlight: When a district court error has been waived or invited in a criminal case, the obvious error analysis under N.D.R.Crim.P. 52(b) does not apply.

Interest of A.F.L. (CONFIDENTIAL) 2017 ND 164
Docket No.: 20170203
Filing Date: 7/12/2017
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A district court's order terminating a father's parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Abell v. GADECO, LLC 2017 ND 163
Docket No.: 20160346
Filing Date: 7/6/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: VandeWalle, Gerald

Highlight: Drilling operations commence when (1) work is done preparatory to drilling, (2) the driller has the capability to do the actual drilling, and (3) there is a good faith intent to complete the well. It is not necessary that the drill bit actually penetrate the ground.

Estate of Johnson (cross ref w/20140173 & 20160020) 2017 ND 162
Docket No.: 20160374
Filing Date: 7/6/2017
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Highlight: Under the law of the case doctrine, a party cannot on a second appeal relitigate issues which were resolved by the Supreme Court in the first appeal or which would have been resolved had they been properly presented in the first appeal.
Payment of personal representative and attorney's fees are reviewed under an abuse of discretion standard.

Disciplinary Board v. Foster (Consolidated w/20170151) 2017 ND 161
Docket No.: 20170150
Filing Date: 6/29/2017
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer Disbarred.