Opinions

Matter of D.J.D. (CONFIDENTIAL) 2014 ND 73
Docket No.: 20140076
Filing Date: 4/9/2014
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Order terminating parental rights and granting petition for adoption summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Finstad, et al. v. Gord, et al. 2014 ND 72
Docket No.: 20130342
Filing Date: 4/8/2014
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Extrinsic evidence is inadmissible to vary the terms of an unambiguous quitclaim deed which has been delivered and recorded.
When a party has no interest in a parcel of land, that party does not have standing to challenge the validity of another party's title to the land.

Stenehjem, ex rel. v. National Audubon Society, Inc. 2014 ND 71
Docket No.: 20130279
Filing Date: 4/8/2014
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Laches, as an affirmative defense, may in limited circumstances be applied against the government. Whether laches applies against the government is determined on a case-by-case basis with a careful weighing of the inequities that would result if the doctrine is not applied versus the public interest at stake and the resulting harm to the public interest if laches is applied.
Identical and conflicting presumptions balance and cancel each other out. Whether a presumption arises and whether a presumption has been rebutted are questions of fact governed by the clearly erroneous standard of review.

Lind v. Lind 2014 ND 70
Docket No.: 20130296
Filing Date: 4/8/2014
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The party seeking modification of spousal support bears the burden of proving there has been a material change in the financial circumstances warranting a change in the amount of support.
A remedial sanction for contempt requires a willful and inexcusable intent to violate a court order.
Contempt of court includes intentional disobedience, resistance, or obstruction of the authority, process, or order of a court or other officer.

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.