Opinions

Olson v. Olson, et al. 2024 ND 206
Docket No.: 20240067
Filing Date: 11/8/2024
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: A district court must have sufficient evidence to support a finding of great prejudice prior to ordering a partition by sale.

The party seeking partition by sale must prove great prejudice with authenticated evidence that a physical partition would result in serious pecuniary injury.

Mbulu v. State 2024 ND 205
Docket No.: 20240036
Filing Date: 11/8/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An amended criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (7), and (8).

State v. Callahan 2024 ND 204
Docket No.: 20240145
Filing Date: 11/8/2024
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment entered following a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Cruz 2024 ND 203
Docket No.: 20240099
Filing Date: 11/8/2024
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A criminal judgment entered following a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Sanderson v. Myrdal, et al. 2024 ND 202
Docket No.: 20240091
Filing Date: 11/8/2024
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A district court's grant of summary judgment for defendant is affirmed.

A plaintiff may not challenge the court's jurisdiction over a defendant who admitted personal jurisdiction on the basis of defects in the plaintiff's service of process on the defendant.

Generally, a plaintiff may not obtain a default judgment after being served with defendant's answer.

Under Lindke v. Freed, 601 U.S. 187 (2024), a state official's social-media activity constitutes state action under 42 U.S.C. § 1983 only if the official (1) possessed actual authority to speak on the state's behalf, and (2) purported to exercise that authority when he spoke on social media.

A district court has discretion under N.D.C.C. § 28-26-01(2) to determine whether a claim is frivolous and how much to award, but the district court must award costs and attorney's fees if it finds the claim is frivolous.

Fargo Education Association v. Fargo Public School District 2024 ND 201
Docket No.: 20240151
Filing Date: 11/8/2024
Case Type: Appeal - Civil - Other
Author: Bahr, Douglas Alan

Highlight: School psychologists not "employed primarily as a classroom teacher" are not "teachers" as defined in N.D.C.C. § 15.1-16-01(5).

Hilton v. North Dakota Edu. Ass'n, 2002 ND 209, 655 N.W.2d 60, is overruled to the extent it holds a licensed school district employee who is not an administrator is a teacher irrespective of the employee's assigned teaching duties.

A special education teacher is not a "teacher" within N.D.C.C. ch. 15.1-16 when the teacher is not a school employee. This Court does not hold whether a school district may provide teaching services through independent contractors.

Interest of J.S. 2024 ND 200
Docket No.: 20240257
Filing Date: 10/24/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of N.S. 2024 ND 200
Docket No.: 20240258
Filing Date: 10/24/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of B.S. 2024 ND 200
Docket No.: 20240259
Filing Date: 10/24/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Malloy, et al. v. Behrens 2024 ND 199
Docket No.: 20240071
Filing Date: 10/24/2024
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: Under N.D.C.C. § 28-21-06(1), when a sheriff receives an execution, the sheriff must satisfy the judgment out of the personal property of the judgment debtor, and if sufficient personal property cannot be found, out of the real property belonging to the debtor.

Applying a statute retroactively results in the attachment of new legal consequences to past matters. Applying a statute prospectively results in the attachment of legal consequences to matters occurring after its effective date. The court must ask whether the new provision attaches new legal consequences to events completed before its enactment.

A debtor is allowed to claim as exempt up to $150,000 of equity in the homestead under N.D.C.C. ch. 47-18. This is accomplished by requiring bids to be more than $150,000 plus the value of liens and encumbrances. See N.D.C.C. §§ 47-18-01 and 47-18-13.

Superior liens are not extinguished by an execution sale. A purchaser of land subject to a mortgage is presumed to have deducted the amount of the senior liens from the amount he bids for the land. A purchaser taking subject to a prior lien is not entitled to an offset for the lien amount.