Opinions

Sall v. Sall (cross-reference w/ 20100360 & 20120448) 2015 ND 257
Docket No.: 20150098
Filing Date: 10/29/2015
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court judgment adjusting the monthly amount of child support payments is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of T.A.G. 2015 ND 256
Docket No.: 20140445
Filing Date: 10/29/2015
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order for continued commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Leno v. N.D. Dep't of Transportation 2015 ND 255
Docket No.: 20150091
Filing Date: 10/19/2015
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: When the specimen submitter's checklist is not sent to the Department of Transportation or presented as evidence at the administrative hearing, testimony from the specimen submitter can be used to show scrupulous compliance with the methods approved by the state crime laboratory director.
The abuse of discretion standard applies to decisions allowing witnesses to refresh their memories.
Leading questions are permissible to refresh a witness's memory.

Capes v. Capes 2015 ND 254
Docket No.: 20140342
Filing Date: 10/14/2015
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: To modify parenting time, the moving party must demonstrate that a material change in circumstances has occurred since entry of the previous parenting time order and that the modification is in the best interests of the child.

Estate of Amundson, et al. 2015 ND 253
Docket No.: 20150046
Filing Date: 10/13/2015
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Sandstrom, Dale

Highlight: The district court is considered an expert in determining the value of reasonable attorney's fees for services rendered to an estate, and its decision will not be overturned on appeal absent a clear abuse of discretion.
Professional corporations organized for the purpose of engaging in the practice of law provide limited personal liability only for obligations of the professional corporation that are unrelated to the rendering of the professional legal service.

Poppe v. Stockert, et al. 2015 ND 252
Docket No.: 20140463
Filing Date: 10/13/2015
Case Type: Appeal - Civil - Landlord/Tenant
Author: Crothers, Daniel John

Highlight: A landlord may dispose of a tenant's abandoned personal property under N.D.C.C. 47-16-30.1. The landlord must retain property valued at more than $1,500 for the time required by statute.
The statute create a lien on a tenant's abandoned personal property when there is an eviction judgment and special execution. The lien is a security interest for the reasonable costs of retaining the property for the statutory period.

Gronland v. Gronland (cross-reference w/19940193) 2015 ND 251
Docket No.: 20150108
Filing Date: 10/13/2015
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Jurisdiction to modify spousal support does not extend beyond the support period, unless the court reserves that jurisdiction.
The Supreme Court may sanction a person failing to abide by the Rules of Appellate Procedure.

Olson v. Levi 2015 ND 250
Docket No.: 20150131
Filing Date: 10/13/2015
Case Type: Appeal - Administrative - Department of Transportation
Author: McEvers, Lisa K. Fair

Highlight: The report and notice form forwarded to the department of transportation must include adequate probable cause information showing the arrestee was in actual physical control of or was driving a vehicle under the influence of alcohol to provide the department authority to suspend driving privileges.

City of Jamestown v. Hanson 2015 ND 249
Docket No.: 20150005
Filing Date: 10/13/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: Testimony regarding blood-alcohol testing procedures may be admitted into evidence without satisfying the statutory requirements for admission of blood-alcohol test results.

Tidd v. Kroshus 2015 ND 248
Docket No.: 20140426
Filing Date: 10/13/2015
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Jury instructions on issues not supported by the evidence are erroneous but arereversible error only when they are prejudicial or mislead the jury.
Every unexpected occurrence is not a sudden emergency, and whether a sudden emergency exists is a question for the jury unless a reasonable person could draw only one conclusion from the evidence.