Opinions

Solid Comfort, Inc. v. Hatchett Hospitality, Inc., et al. 2013 ND 152
Docket No.: 20120415
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: If personal jurisdiction us challenged, the plaintiff bears the burden of proving jurisdiction exists. The plaintiff must make a prima facie showing of jurisdiction to defeat a motion to dismiss for lack of personal jurisdiction. If the court relies only on pleadings and affidavits, the court must look at the facts in the light most favorable to the plaintiff.
The court first must decide whether the requirements of the state's long-arm provision are satisfied and, if so, then must decide whether the exercise of personal jurisdiction comports with due process.
Review of a district court's decision on personal jurisdiction presents a question of law, reviewed under the de novo standard.

Disciplinary Board v. Lee 2013 ND 151
Docket No.: 20130017
Filing Date: 8/29/2013
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: The purpose of the prohibition against a lawyer charging an unreasonable fee is to protect clients and the public from excessive fees which exceed the bounds of reasonableness in light of the amount and quality of the work performed, the results obtained, and the fees customarily charged in the locality for similar legal services.

Estate of Cashmore (cross reference with 20090315) 2013 ND 150
Docket No.: 20130012
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Sandstrom, Dale

Highlight: A remedial sanction for contempt, requires the alleged contemnor receive notice and a hearing.
Affirmance of a judgment on appeal leaves the judgment in the same state as if no appeal had been taken.
A verified or sworn statement closing an estate is ineffective if the personal representative fails to acknowledge a known and outstanding claim.

Johnson, et al. v. Finkle, et al. 2013 ND 149
Docket No.: 20130047
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Under the Duhig rationale, a grantor cannot grant and reserve the same mineral interest, and if a grantor does not own a large enough mineral interest to satisfy both the grant and the reservation, the grant must be satisfied first.
The Duhig rationale applies to a grantor's overconveyance of mineral interests, including when the mineral interests are transferred by a contract for deed and subsequent warranty deed.

Datz v. Dosch (cross-reference w/ 20120167) 2013 ND 148
Docket No.: 20120435
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: The district court's findings under the statutory best interest of the child factors must contain sufficient specificity to show the factual basis for the court's decision.
Evidence of domestic violence must be considered by a court when weighing the statutory best interest of the child factors.

Bell, et al. v. Pro Tune Plus, et al. 2013 ND 147
Docket No.: 20130068
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A district court does not have the authority to remand an action properly removed from the small claims court.
A plaintiff has standing to appeal an order of remand to small claims court because the rights afforded in the district court vested in both parties immediately upon removal.
An order of remand to small claims court is not analogous to a traditional dismissal without prejudice, because a procedural barrier exists to prevent the case being filed again in the district court.

Interest of Johnson 2013 ND 146
Docket No.: 20120364
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: The district court is the best credibility evaluator in cases of conflicting testimony.
A party may waive an objection by failing to object to the admission or exclusion of testimony.

Charvat v. Charvat 2013 ND 145
Docket No.: 20130042
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A court may conclude the moving party failed to establish a prima facie case for modification of primary residential responsibility only if: (1) the opposing party's counter-affidavits conclusively establish that the moving party's allegations have no credibility; or (2) the moving party's allegations are insufficient on their face, even if uncontradicted, to justify modification.
A suicide attempt by a parent with primary residential responsibility may be a material change in circumstances justifying a modification of primary residential responsibility.

Jensen v. Jensen 2013 ND 144
Docket No.: 20120450
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A court may conclude the moving party failed to establish a prima facie case for modification of primary residential responsibility only if: (1) the opposing party's counter-affidavits conclusively establish that the moving party's allegations have no credibility; or (2) the moving party's allegations are insufficient on their face, even if uncontradicted, to justify modification.
A move by a parent with primary residential responsibility, particularly when coupled with the parent's remarriage, may be a material change in circumstances.

Interest of Whitetail 2013 ND 143
Docket No.: 20120452
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: A decision that an individual is a sexually dangerous individual will be affirmed unless it is induced by an erroneous view of the law or the reviewing court is firmly convinced the decision is not supported by clear and convincing evidence.
A sexually dangerous individual must be placed in the least restrictive available treatment facility or program necessary.