Opinions

Law v. Whittet, et al. 2014 ND 69
Docket No.: 20130241
Filing Date: 4/7/2014
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: Although not required to make a separate finding on each best interest factor or to address each minute detail presented in the evidence when determining primary residential responsibility, the district court may not wholly ignore and fail to acknowledge or explain significant evidence clearly favoring one party.
Domestic violence includes violence directed at any member of a household or family.
Domestic violence, even if not directed at the child, is presumed to affect the best interests of the child.

Topolski v. Topolski 2014 ND 68
Docket No.: 20130276
Filing Date: 4/3/2014
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A district court has substantial discretion in deciding primary residential responsibility, but the court must consider all of the applicable best interest factors.
A court's findings of fact are sufficient if they afford a clear understanding of the court's decision and assist the appellate court in conducting its review.
If the previous primary residential responsibility placement was based on a stipulation, the district court must consider all relevant evidence, including pre-divorce conduct and activities, when determining whether to modify primary residential responsibility.

JPMorgan Chase Bank v. Skoda, et al. 2014 ND 67
Docket No.: 20130370
Filing Date: 3/3/2014
Case Type: Appeal - Civil - Foreclosure
Author: McEvers, Lisa K. Fair

Highlight: All relevant facts are admitted when a party fails to respond to a request for admissions.
Submitting exhibits that are consistent with those exhibits submitted by the party moving for summary judgment and mere allegations do not evidence there is a genuine issue of material.

Erickson v. Olsen, et al. 2014 ND 66
Docket No.: 20130217
Filing Date: 4/3/2014
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Kapsner, Carol

Highlight: A district court's determinations regarding mental capacity and undue influence are questions of fact subject to the clearly erroneous standard of review.

State v. Zeller 2014 ND 65
Docket No.: 20130290
Filing Date: 4/3/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: When a warrant application seeks authorization for a nighttime search, an additional showing of probable cause is required for the nighttime authorization.
Probable cause for a nighttime search exists upon a showing that the evidence sought may be quickly and easily disposed of if the warrant is not promptly executed.
Mere allegations about the presence of drugs does not lead to the inference that the drugs are easily disposable.

Estate of Wicklund (cross-reference w/20110081) 2014 ND 64
Docket No.: 20130181
Filing Date: 4/3/2014
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Sandstrom, Dale

Highlight: A personal representative may be reimbursed for payment of a decedent's funeral and last illness expenses.
A personal representative may be entitled to attorney fees and expenses incurred in making claims to effectuate a testator's intent.

Interest of Hoff (cross-ref. w/20120248 & 20130216) 2014 ND 63
Docket No.: 20130323
Filing Date: 4/3/2014
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: The district court must make findings on each element of the sexually dangerous individual analysis, including the consideration of whether an individual has difficulty controlling his behavior.

Disciplinary Board v. Overboe (Consol. w/ 20130304-20130306) 2014 ND 62
Docket No.: 20130303
Filing Date: 4/3/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: A long delay between a petition for discipline and the disciplinary hearing must destroy the fundamental fairness of the entire disciplinary process to warrant dismissal of the disciplinary case.
In disciplinary proceedings, an attorney must present sufficient evidence establishing an inability to assist in his defense owing to mental or physical incapacity to be transferred to disability inactive status.

Anderson v. Lyons, et al. 2014 ND 61
Docket No.: 20130284
Filing Date: 4/3/2014
Case Type: Appeal - Civil - Landlord/Tenant
Author: VandeWalle, Gerald

Highlight: Service of notice of entry of judgment is not required to begin the time for filing a post-judgment motion or appeal if the record clearly evidences actual knowledge of entry of judgment through affirmative action of the moving or appealing party.
No lease or grant of agricultural land reserving any rent or service of any kind for a period longer than ten years is valid.
A lease of agricultural land in perpetuity with contingencies that may terminate the lease within ten years is not invalid.

Risovi v. Job Service 2014 ND 60
Docket No.: 20130302
Filing Date: 4/3/2014
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: McEvers, Lisa K. Fair

Highlight: A fact finder's conclusions that false statements were made for the purpose of obtaining unemployment benefits are affirmed if a reasoning mind could have determined that the factual conclusions were proved by the weight of the evidence.