Opinions

In re S.B., et al. 2014 ND 87
Docket No.: 20130321
Filing Date: 4/29/2014
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: When a parent decides to restrict visitation with a grandparent, that decision is presumed to be in the child's best interests.
Grandparents do not have the same right as a noncustodial parent to visitation.

State v. Juntunen 2014 ND 86
Docket No.: 20130324
Filing Date: 4/29/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale V.

Highlight: A decision cannot be properly reviewed on appeal if the district court does not provide an adequate explanation of the basis for its decision.

Gasic v. Bosworth, et al. 2014 ND 85
Docket No.: 20130281
Filing Date: 4/29/2014
Case Type: Appeal - Civil - Landlord/Tenant
Author: Kapsner, Carol

Highlight: The right to appeal is jurisdictional, and the appealability of a judgment may be considered even when neither party has questioned appealability.
Only judgments and decrees which constitute a final judgment of the rights of the parties and certain orders enumerated by statute are appealable.

Murphy v. State 2014 ND 84
Docket No.: 20130419
Filing Date: 4/29/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: An application for postconviction relief, with a few exceptions, must be filed within two years of the date the conviction becomes final.

Kulbacki v. Michael 2014 ND 83
Docket No.: 20130283
Filing Date: 4/29/2014
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A grandparent's proceeding for visitation must provide notice of the grandparent's request for visitation and an opportunity to respond.
A grandparent may be granted reasonable visitation rights upon a finding the grandparent established that visitation would be in the best interests of the child and would not interfere with the parent-child relationship.
Attorney's fees under section 14-09-29(4), N.D.C.C., cannot be denied because a victim of domestic violence returns to the domestic violence perpetrator.

Matter of G.K.G. (Confidential) 2014 ND 82
Docket No.: 20130280
Filing Date: 4/29/2014
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Sandstrom, Dale

Highlight: For proceedings brought under N.D.C.C. ch. 27-20 for termination of parental rights, a district court is the same as a juvenile court for purposes of subject matter jurisdiction.
When an action is conducted under the Uniform Juvenile Court Act, relief from a judgment or order must be requested under the North Dakota Rules of Juvenile Procedure.

WSI v. Larry's On Site Welding, et al. 2014 ND 81
Docket No.: 20130292
Filing Date: 4/29/2014
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: Whether a worker is an independent contractor or an employee is a mixed question of fact and law.
The common law test for whether an individual is an employee or independent contractor focuses on the employer's right to direct and control the means and manner of performing the work.
Whether an employer has retained the right to direct and control the services performed by workers is a finding of fact.

Riemers v. Hill, et al. 2014 ND 80
Docket No.: 20130407
Filing Date: 4/29/2014
Case Type: Appeal - Civil - Landlord/Tenant
Author: VandeWalle, Gerald

Highlight: Unless certified as final under N.D.R.Civ.P. 54(b), a judgment which leaves a counterclaim undecided is not final or appealable.
A judgment dismissing an action without prejudice is ordinarily not appealable.

Whedbee v. WSI, et al. 2014 ND 79
Docket No.: 20130391
Filing Date: 4/29/2014
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: A managed care program for an employee with a compensable injury should effect the best medical solution for the injured employee in a cost-effective manner.
Awarding one treatment instead of another does not result in a termination of benefits or violate a protectable property interest.

Palmer v. State 2014 ND 78
Docket No.: 20140002
Filing Date: 4/29/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court order summarily dismissing application for post-conviction relief summarily affirmed under N.D.R.Civ.P. 35.1(a)(4) and (6).