Opinions

State v. Carpenter (cross-reference 20100085 & 20110283) 2013 ND 115
Docket No.: 20130014
Filing Date: 7/18/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Varnson 2013 ND 114
Docket No.: 20130041
Filing Date: 7/18/2013
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Criminal judgment after a defendant conditionally pled guilty to driving under the influence is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3).

State v. Hamilton 2013 ND 113
Docket No.: 20120375
Filing Date: 7/18/2013
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal judgment for continuous sexual abuse of a child is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Tweten v. COUNTRY Preferred Insurance Company, et al. 2013 ND 112
Docket No.: 20120306
Filing Date: 7/17/2013
Case Type: Certified Question - Civil - Civil
Author: Crothers, Daniel John

Highlight: Recovery of underinsured motorist benefits arising from a wrongful death claim depends on the decedent's status as an insured under an applicable policy.
The statutory anti-stacking provisions of N.D.C.C. ch. 26.1-40 prevent divorced parents of a minor son killed in an underinsured motor vehicle accident from recovering the full amount of underinsured motorist benefits from their respective policies.

Disciplinary Board v. McIntee (Consolidated w/ 20130120) 2013 ND 111
Docket No.: 20130119
Filing Date: 6/25/2013
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded.

SolarBee, Inc. v. Walker, et al. 2013 ND 110
Docket No.: 20120125
Filing Date: 6/24/2013
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Sandstrom, Dale

Highlight: Consent to try an unpleaded issue cannot be inferred from the lack of objection to evidence on one pleaded.
Amendment by implication is limited to situations in which the novelty of the issues sought to be raised is reasonably apparent and the intent to try these issues is clearly indicated by failure to object or otherwise.
A breach of contract requires (1) the existence of a contract, (2) a breach of the contract, and (3) damages which flow from the breach.
Evidentiary imprecision regarding the amount of damages does not preclude recovery. The uncertainty which prevents recovery is the uncertainty of the fact of damages, not the uncertainty of the amount.

Interest of S.R.B. (Confidential) 2013 ND 109
Docket No.: 20130112
Filing Date: 6/19/2013
Case Type: Appeal - Civil - Mental Health
Author: Maring, Mary

Highlight: In an expedited appeal taken from an order for hospitalization and treatment, a trial court must make findings of fact specially under N.D.R.Civ.P. 52(a) as to whether the respondent is a person requiring treatment and hospitalization is the least restrictive treatment.
A mental health patient has the right to notice and a hearing prior to the trial court's issuing an order requiring the use of prescribed medication.

Sall v. Sall (cross-reference w/ 20100360) 2013 ND 108
Docket No.: 20120448
Filing Date: 6/19/2013
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: Res judicata prohibits relitigation of claims that were raised in a prior action between the same parties and were resolved by final judgment.
A claim is frivolous when there is such a complete absence of actual facts or law that a reasonable person could not have expected a court to render a judgment in that party's favor.

Smedshammer v. Smedshammer 2013 ND 107
Docket No.: 20120441
Filing Date: 6/19/2013
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Modification of primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Kartes v. Kartes 2013 ND 106
Docket No.: 20120311
Filing Date: 6/19/2013
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A district court's decision that a prima facie case justifying a modification of primary residential responsibility has been established is rendered moot once the evidentiary hearing is held, and the opposing party may not, on appeal from the final order or judgment, challenge the conclusion that a prima facie case was established.
When a parent with primary residential responsibility unilaterally decides to move with the children several hours away from the other parent, for the purpose of precluding or substantially impeding compliance with the existing parenting time arrangement, it constitutes a persistent and willful denial or interference with parenting time.