Opinions

Feist v. Feist 2015 ND 98
Docket No.: 20140323
Filing Date: 4/28/2015
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: A district court's distribution of marital property is reviewed under the clearly erroneous standard of review.
Separate property, even if it is inherited, must initially be included in the marital estate, but the property's origin may be considered when equitably dividing the estate.

Viscito, et al. v. Christianson, et al. 2015 ND 97
Docket No.: 20140252
Filing Date: 4/28/2015
Case Type: Appeal - Civil - Contracts
Author: McEvers, Lisa K. Fair

Highlight: A judgment dismissing a case without prejudice may be appealable if attorney's fees and costs are awarded as a sanction.
Objecting to a sanction in district court preserves the issue for appeal.
Attorney's fees and costs as a sanction under N.D.R.Civ.P. 16(f) are limited to the reasonable expenses incurred as a result of the failure to obey a pretrial order.

The Evangelical Good Samaritan Society v. N.D. Dep't of Human Services 2015 ND 96
Docket No.: 20140297
Filing Date: 4/28/2015
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: Public notice of future effective dates of federal regulations gives persons affected by the change in the law time to prepare to comply with the new rule.

Mowan v. Berg 2015 ND 95
Docket No.: 20140201
Filing Date: 4/28/2015
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: If competent evidence of domestic violence does not trigger the statutory presumption, the violence must be considered as one factor in deciding primary residential responsibility.

Hall v. Malloy, et al. 2015 ND 94
Docket No.: 20140196
Filing Date: 4/28/2015
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Sandstrom, Dale

Highlight: An instrument may include a judgment for purposes of the after-acquired title doctrine.
An instrument that conveys only the grantor's interest or title, if any, in property, rather than a fee simple interest in the property itself, does not convey after-acquired title.

Moe v. State 2015 ND 93
Docket No.: 20140185
Filing Date: 4/28/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: The purpose of an appeal is to review the actions of the district court, not to give the appellant an opportunity to develop new strategies or theories.
Issues and arguments not raised before the district court will not be addressed on appeal.

Matter of Loy 2015 ND 92
Docket No.: 20140111
Filing Date: 4/28/2015
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: A licensure under probation with the State Board of Psychologist Examiners meets the statutory and evidentiary standard required to testify, and a witness's probationary status is an issue of weight and credibility of the testimony and not an issue of admissibility.
In a proceeding civilly committing a person as a sexually dangerous individual, an indigent respondent does not retain a right to choose an independent evaluator paid by the State.

Interest of T.J.S. (CONFIDENTIAL)(consolidated w/ 20140363 & 20140364) 2015 ND 91
Docket No.: 20140362
Filing Date: 4/28/2015
Case Type: Appeal - Criminal - Juvenile Law
Author: Per Curiam

Highlight: Order placing child in custody of Department of Corrections is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Complete Plumbing Services, Inc. v. Brenna 2015 ND 90
Docket No.: 20140289
Filing Date: 4/28/2015
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Money judgment requiring payment for unpaid costs of work and materials is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Vacancy in Judgeship No. 4, Northeast Central Judicial District 2015 ND 89
Docket No.: 20150018
Filing Date: 4/27/2015
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Grand Forks.