Opinions

Deckert v. McCormick, et al. 2014 ND 231
Docket No.: 20140151
Filing Date: 12/18/2014
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: To obtain an enforceable right to the property under an option, the optionee must exercise the option within the time and upon the terms and conditions provided in the option agreement.
If no consideration is given for an option to purchase real estate, the option may be withdrawn at any time before acceptance.

State v. Horn 2014 ND 230
Docket No.: 20140093
Filing Date: 12/18/2014
Case Type: Appeal - Criminal - Theft
Author: Kapsner, Carol

Highlight: Even if a party has raised an unsuccessful challenge in a pretrial motion, in order to preserve the issue for appeal, the party must renew the objection when the evidence is offered at trial.
A conviction may be justified on circumstantial evidence alone if the circumstantial evidence has such probative force as to enable the fact-finder to find the defendant guilty beyond a reasonable doubt.

Frey v. Frey (cross-reference w/20120378) 2014 ND 229
Docket No.: 20140086
Filing Date: 12/18/2014
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A district court's denial of a motion to modify primary residential responsibility will be affirmed, unless clearly erroneous.
A district court's decision of whether to award back interim child support is discretionary.
A district court may consider the significant impact military deployments have on the best interests of the child, among other factors.

State v. Brandborg 2014 ND 228
Docket No.: 20140141
Filing Date: 12/18/2014
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Kapsner, Carol

Highlight: Hunting on posted land without permission in violation of N.D.C.C. 20.1-01-18 is a strict liability offense.

Abelmann, et al. v. SmartLease USA, L.L.C. 2014 ND 227
Docket No.: 20130349
Filing Date: 12/18/2014
Case Type: Appeal - Civil - Landlord/Tenant
Author: Kapsner, Carol

Highlight: A district court's factual findings must be adequate to understand the basis for the court's decision.

Podrygula, et al. v. Bray, et al. 2014 ND 226
Docket No.: 20140090
Filing Date: 12/18/2014
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: A dismissal without prejudice is appealable if it has the practical effect of terminating the litigation in the plaintiff's chosen forum.
The discovery rule is an exception to the statute of limitations and, if applicable, postpones a claim's accrual until the plaintiff knew, or with the exercise of reasonable diligence should have known, of the wrongful act and its resulting injury.
The discovery rule requires only that the plaintiff be aware of an injury; it does not require knowledge of the full extent of the injury.

Schmitt, et al. v. Schmitt, et al. 2014 ND 225
Docket No.: 20140164
Filing Date: 12/18/2014
Case Type: Appeal - Civil - Landlord/Tenant
Author: McEvers, Lisa K. Fair

Highlight: Without a transcript, the record is considered when reviewing whether a district court's findings are clearly erroneous.

State v. Nagel 2014 ND 224
Docket No.: 20140179
Filing Date: 12/18/2014
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: There is no logical difference between a pre-arrest onsite screening test and a post-arrest chemical test in terms of determining voluntariness of consent under the implied consent statute.

Guardianship of P.T. (CONFIDENTIAL)(consolidated w/20140167-20140170) 2014 ND 223
Docket No.: 20140166
Filing Date: 12/18/2014
Case Type: Appeal - Civil - Guardian/Conservator
Author: McEvers, Lisa K. Fair

Highlight: Although it is preferable for trial courts to prepare their own findings of fact, a trial court will not be reversed for adopting proposed findings prepared by counsel.
A correct result based on correct reasoning under the wrong law will not be reversed if the result would be the same under the correct law.

George v. George 2014 ND 222
Docket No.: 20140063
Filing Date: 12/18/2014
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: A district court has permissive or non-mandatory authority to grant a restraining order if it finds reasonable grounds to believe a respondent has engaged in disorderly conduct.