Opinions

State v. Rau 2013 ND 224
Docket No.: 20130187
Filing Date: 12/10/2013
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A conviction of possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Kling 2013 ND 223
Docket No.: 20130103
Filing Date: 12/4/2013
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment for disorderly conduct is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Disciplinary Board v. Craft 2013 ND 222
Docket No.: 20130318
Filing Date: 12/4/2013
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Disciplinary Board v. Wolff (Consol. w/ 20130268-20130273) 2013 ND 221
Docket No.: 20130267
Filing Date: 12/4/2013
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarment ordered.

Reciprocal Discipline of Kalk 2013 ND 220
Docket No.: 20130249
Filing Date: 12/4/2013
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded.

Wagner v. Crossland Construction Company, Inc., et al. 2013 ND 219
Docket No.: 20130056
Filing Date: 11/25/2013
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: Use of the words "subject to" in a warranty deed connotes a limitation on the grantor's warranty and not a reservation of rights.
Although the district court's underlying findings of fact in implied easement cases are subject to the clearly erroneous standard of review, whether the underlying facts support the existence of an implied easement is a question of law subject to de novo review.

Van Sickle, et al. v. Hallmark & Assoc., Inc., et al. (cross-reference 20070154 2013 ND 218
Docket No.: 20130003
Filing Date: 11/25/2013
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Sandstrom, Dale

Highlight: In a proceeding under N.D.C.C. 47-16-39.1 to recover unpaid oil and gas royalties, a "prevailing party" is entitled to reasonable attorney's fees.
The amount of statutory interest to be awarded on unpaid royalties is calculated using simple interest, rather than compound interest.
A corporation that purchases the assets of another corporation does not succeed to the liabilities of the selling corporation, subject to certain recognized exceptions, such as when there is an express or an implied agreement to assume the transferor's liability.

Oakland v. Bowman, et al. 2013 ND 217
Docket No.: 20130142
Filing Date: 11/25/2013
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: North Dakota has not adopted equitable tolling as an exception to a statute of limitations.
When interpreting a statute, it must be presumed the legislature intended all that it said, said all that it intended to say, and meant what it has plainly expressed.
Section 1-01-06, N.D.C.C., provides that "there is no common law in any case in which the law is declared by code."

Ford Motor Credit Co. v. Halvorson 2013 ND 216
Docket No.: 20130188
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Debtor/Creditor
Author: VandeWalle, Gerald

Highlight: A party may renew a judgment by either complying with the affidavit procedure under N.D.C.C. 28-20-21 or commencing a separate action on the judgment.

Estates of Shubert 2013 ND 215
Docket No.: 20120276
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Maring, Mary

Highlight: An appeal is moot if no actual controversy exists because subsequent events have made it impossible for the court to provide effective relief.
In an unsupervised probate of an estate, each proceeding before a court is independent of any other proceeding involving the same estate, and a concluding order on a petition to remove a personal representative is appealable without a certification under N.D.R.Civ.P. 54(b).
The decision on a petition to remove a personal representative lies within the district court's discretion.