Opinions

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.

Albrecht v. Albrecht 2014 ND 221
Docket No.: 20130392
Filing Date: 12/18/2014
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: A party's death before entry of a final divorce judgment abates a divorce action.

Coss v. Levi 2014 ND 220
Docket No.: 20140211
Filing Date: 12/18/2014
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: A district court judgment affirming a Department of Transportation hearing officer's decision suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Interest of D.C. 2014 ND 219
Docket No.: 20140416
Filing Date: 12/18/2014
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: An involuntary treatment with medication order is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Greybear v. State 2014 ND 218
Docket No.: 20140137
Filing Date: 12/18/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court judgment denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).