Opinions

Interest of N.C. (CONFIDENTIAL) 2016 ND 24
Docket No.: 20150367
Filing Date: 2/18/2016
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 (4).

Gomez v. State 2016 ND 23
Docket No.: 20150258
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Benson v. State (cross-reference w/20130179) 2016 ND 22
Docket No.: 20150232
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Vacancy in Judgeship No. 7, SEJD (see 20160011) 2016 ND 21
Docket No.: 20160001
Filing Date: 2/16/2016
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeships retained at Jamestown and Valley City.

PHI Financial Services, Inc. v. Johnston Law Office, P.C., et al. 2016 ND 20
Docket No.: 20150008
Filing Date: 1/26/2016
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Crothers, Daniel John

Highlight: A party that acts as a "mere conduit" for a transfer of funds is not a "first transferee" for purposes of liability under the Uniform Fraudulent Transfer Act.
Whether reasonably equivalent value has been received in exchange for a transfer is a question of fact subject to the clearly erroneous standard of review.
Under the Uniform Commercial Code, a creditor may obtain a money judgment on the debt and foreclose on collateral in one or more proceedings if there is no double recovery.
The perfection of security interests in intangible collateral is governed by the law of the debtor's location.

Titan Machinery, Inc. v. Patterson Enterprises, Inc., et al. 2016 ND 19
Docket No.: 20150025
Filing Date: 1/21/2016
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: A proponent may introduce into evidence a summary to prove the content of voluminous writings that cannot be conveniently examined in court.
A proponent of a summary must make the originals or duplicates of the underlying writings available for copying or examination by other parties at a reasonable time and place, and the underlying documents must be admissible.
A district court's findings must be sufficient to enable an appellate court to understand the court's decision.
A merchant who leases goods of that kind impliedly warrants the goods are fit for the ordinary purposes for which goods of that type are used.

Estate of Glasoe, et al. v. Williams County, ND, et al. 2016 ND 18
Docket No.: 20150095
Filing Date: 1/19/2016
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: There must be strict compliance with mandatory jurisdictional requirements of the tax lien foreclosure statutes, and those statutes will be strictly construed in favor of the owners of the property.
Sufficiency of service of process is a question of fact that will not be reversed on appeal unless clearly erroneous.
The sale of property acquired by a county through tax deed by the acceptance of a valid bid cuts off the former owner's right of repurchase.

Palmer v. 999 Quebec, Inc., et al. 2016 ND 17
Docket No.: 20150031
Filing Date: 1/14/2016
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Generally, the existence of a duty is a preliminary question of law for the court. When a duty does not exist, there is no negligence.
In opposing a motion for summary judgment, the resisting party must present competent admissible evidence by affidavit or other means that raises an issue of material fact and must, if appropriate, draw the court's attention to relevant evidence in the record.

Ritter v. Ritter 2016 ND 16
Docket No.: 20150202
Filing Date: 1/14/2016
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A parent may establish a prima facie case for modification of residential responsibility following a stipulated divorce when the parent's affidavit evidences a significant change in employment resulting in a predictable work schedule and such modification is in the children's best interests.

State v. Knox 2016 ND 15
Docket No.: 20150125
Filing Date: 1/14/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: A district court's decision cannot be properly reviewed on appeal if the district court fails to make adequate findings explaining the evidentiary and legal basis for its decision.