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On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.

3461 - 3470 of 12418 results

Reciprocal Discipline of Kalk 2013 ND 220
Docket No.: 20130249
Filing Date: 12/4/2013
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded.

Wagner v. Crossland Construction Company, Inc., et al. 2013 ND 219
Docket No.: 20130056
Filing Date: 11/25/2013
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: Use of the words "subject to" in a warranty deed connotes a limitation on the grantor's warranty and not a reservation of rights.
Although the district court's underlying findings of fact in implied easement cases are subject to the clearly erroneous standard of review, whether the underlying facts support the existence of an implied easement is a question of law subject to de novo review.

Van Sickle, et al. v. Hallmark & Assoc., Inc., et al. (cross-reference 20070154 2013 ND 218
Docket No.: 20130003
Filing Date: 11/25/2013
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Sandstrom, Dale

Highlight: In a proceeding under N.D.C.C. 47-16-39.1 to recover unpaid oil and gas royalties, a "prevailing party" is entitled to reasonable attorney's fees.
The amount of statutory interest to be awarded on unpaid royalties is calculated using simple interest, rather than compound interest.
A corporation that purchases the assets of another corporation does not succeed to the liabilities of the selling corporation, subject to certain recognized exceptions, such as when there is an express or an implied agreement to assume the transferor's liability.

Oakland v. Bowman, et al. 2013 ND 217
Docket No.: 20130142
Filing Date: 11/25/2013
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: North Dakota has not adopted equitable tolling as an exception to a statute of limitations.
When interpreting a statute, it must be presumed the legislature intended all that it said, said all that it intended to say, and meant what it has plainly expressed.
Section 1-01-06, N.D.C.C., provides that "there is no common law in any case in which the law is declared by code."

Ford Motor Credit Co. v. Halvorson 2013 ND 216
Docket No.: 20130188
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Debtor/Creditor
Author: VandeWalle, Gerald

Highlight: A party may renew a judgment by either complying with the affidavit procedure under N.D.C.C. 28-20-21 or commencing a separate action on the judgment.

Estates of Shubert 2013 ND 215
Docket No.: 20120276
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Maring, Mary

Highlight: An appeal is moot if no actual controversy exists because subsequent events have made it impossible for the court to provide effective relief.
In an unsupervised probate of an estate, each proceeding before a court is independent of any other proceeding involving the same estate, and a concluding order on a petition to remove a personal representative is appealable without a certification under N.D.R.Civ.P. 54(b).
The decision on a petition to remove a personal representative lies within the district court's discretion.

Moore v. State 2013 ND 214
Docket No.: 20130196
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: On appeal of a summary dismissal of an application for postconviction relief, a reviewing court must determine whether or not the information available to the district court, when viewed in a light most favorable to the opposing party, precludes the existence of a genuine issue of material fact and entitles the moving party to summary dismissal as a matter of law.
A claim of ineffective assistance of counsel is more effectively presented in a postconviction proceeding than in a direct appeal.

State v. Blagen 2013 ND 213
Docket No.: 20130203
Filing Date: 11/21/2013
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment for possession of marijuana with intent to deliver and possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Wald v. Holmes 2013 ND 212
Docket No.: 20130124
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: The doctrine of res judicata should not be strictly applied to preclude the trial court from hearing for the first time relevant primary residential responsibility-related evidence bearing on considerations of what is in a child's best interests.
A truthful affidavit may not be subsequently withdrawn from evidence when the affiant seeks withdrawal merely because she no longer wishes to be involved in a case.
In determining whether a prima facie case justifying modification of primary residential responsibility has been established, unless the opposing party's counter-affidavits conclusively establish the moving party's allegations have no credibility, the court must accept the truth of the moving party's allegations.
A district court's award of attorney fees is abuse of discretion when the district court did not apply the correct law in deciding substantive issues, and a party's claims were not frivolous when examined under the correct legal standards.

Adoption of I.R.R. (CONFIDENTIAL) 2013 ND 211
Docket No.: 20130287
Filing Date: 11/21/2013
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Kapsner, Carol

Highlight: A parent's parental rights may be terminated by a court order in connection with an adoption action if the parent abandoned the child.

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