Opinions

Broten, et al. v. Broten 2015 ND 127
Docket No.: 20140177
Filing Date: 5/27/2015
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Judicial estoppel is a doctrine designed to protect the integrity of the judicial process by prohibiting a party from assuming inconsistent or contradictory positions during the course of litigation..
Election of remedies is applied when there are two or more remedies, inconsistency between the remedies, and a choice of one remedy
A trial court may postpone the election of remedies until final judgment is entered.

State v. Lowe 2015 ND 126
Docket No.: 20140401
Filing Date: 5/27/2015
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Denial of a N.D.R.Crim.P. 35(b) motion for reduction of sentence is not appealable.

Estate of Hogen 2015 ND 125
Docket No.: 20140119
Filing Date: 5/27/2015
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Kapsner, Carol

Highlight: A devisee's right to a decedent's real property is subject to administration by a personal representative, which continues until termination of the personal representative's appointment.
A devisee's cash rent and crop-share obligations to a decedent are a noncontingent indebtedness for purposes of a retainer against the devisee's interest in real property in the estate and may be pursued in a probate proceeding.
A personal representative may be entitled to a retainer against real property even if the personal representative does not take actual possession of the real property during administration of an estate.
A district court has discretion to award personal representative fees and attorney fees from an estate.

State v. Kopperud 2015 ND 124
Docket No.: 20150024
Filing Date: 5/27/2015
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: McEvers, Lisa K. Fair

Highlight: A district court may not assess jury expenses to a defendant in a criminal case when the defendant fails to appear for trial.

Funke, et al. v. Aggregate Construction, Inc., et al. (cross-ref. 20120405) 2015 ND 123
Docket No.: 20140052
Filing Date: 5/27/2015
Case Type: Appeal - Civil - Landlord/Tenant
Author: VandeWalle, Gerald

Highlight: Only judgments and decrees which constitute a final judgment of the rights of the parties and certain orders enumerated by statute are appealable.
A statute providing for supplemental relief applies when the additional relief is requested after a declaratory judgment has been granted to supplement or enforce the declaratory judgment.
Basic rules of contract construction apply to leases in deciding the scope and effect of provisions within a lease.
Ratification requires full knowledge of all the material facts on the part of the corporate principal.

Estate of Nelson 2015 ND 122
Docket No.: 20140377
Filing Date: 5/27/2015
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: Appellate review is not possible when the rationale of the district court's decision is not clear.

Carlson, et al. v. GMR Transportation, Inc. 2015 ND 121
Docket No.: 20140319
Filing Date: 5/27/2015
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: In a tort action to recover damages for a work-related injury, the employer has the burden of establishing by a preponderance of the evidence the defense that the employer is immune from suit under the workers' compensation act.
Issues of fact may become issues of law for the court if reasonable persons could reach only one conclusion from the facts.

Riak v. State 2015 ND 120
Docket No.: 20140128
Filing Date: 5/27/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Motions for reconsideration of a judgment or order may be treated as motions to alter or amend a judgment or as motions for relief from a judgment or order.
Denial of a motion for reconsideration will not be reversed on appeal absent a manifest abuse of discretion.

State v. Matthews 2015 ND 119
Docket No.: 20140390
Filing Date: 5/27/2015
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

White, et al. v. T.P. Motel, L.L.C., et al. 2015 ND 118
Docket No.: 20140203
Filing Date: 5/27/2015
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: To intervene as a matter of right, a proposed intervenor must show (1) an interest relating to the subject matter of the litigation; (2) the interest may be impaired as a result of the litigation; and (3) the interest is not adequately protected by an existing party to the litigation.