Opinions

Larson, et al. v. Norheim, et al. 2013 ND 60
Docket No.: 20120236
Filing Date: 4/8/2013
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: The owners of a mineral interest may preserve their interest by recording a statement of claim within sixty days of the publication of a notice of lapse of mineral interest.
The statement of claim may be recorded by an owner's representative, and the representative's authorization to record the claim on the owner's behalf is not required to be in writing.

Kruckenberg v. State (cross-reference w/20080106 & 20110333) 2013 ND 59
Docket No.: 20120387
Filing Date: 4/8/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Woodward v. Woodward 2013 ND 58
Docket No.: 20120315
Filing Date: 4/8/2013
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: When deciding whether spousal support is appropriate, even if a spouse can be rehabilitated, a court may award permanent spousal support to ensure one party does not bear the brunt of the overall reduction in standard of living.
Spousal support does not terminate automatically upon cohabitation, because unmarried cohabitants have no obligation to support each other.

K & L Homes, Inc. v. American Family Mutual Ins. Co. 2013 ND 57
Docket No.: 20120060
Filing Date: 4/5/2012
Case Type: Appeal - Civil - Insurance
Author: Maring, Mary

Highlight: In an insurance policy, an exception to an exclusion may result in coverage, but is applicable only if the policy initially grants coverage and an exclusion precluding coverage applies.
Faulty workmanship may constitute an occurrence under a commercial general liability policy if the faulty work was unexpected and not intended by the insured, and the property damage was not anticipated or intentional, so that neither the cause nor the harm was anticipated, intended, or expected.
The definition of occurrence in a commercial general liability policy is not defined by terms of ownership or the character of the property damaged.
If a general contractor is liable for damages to work, including its own work product, arising out of a subcontractor's workmanship, the subcontractor exception preserves coverage that the "your work" exclusion precludes.

Waslaski v. State 2013 ND 56
Docket No.: 20120368
Filing Date: 4/4/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: Arguments raised for the first time on appeal generally will not be considered by this Court.

State v. Farrell 2013 ND 55
Docket No.: 20120338
Filing Date: 4/4/2013
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Sandstrom, Dale

Highlight: The Interstate Agreement on Detainers Act provides no relief by dismissing criminal judgments entered before the request for disposition of charges, nor does it make available monetary relief.

State v. Doppler 2013 ND 54
Docket No.: 20120198
Filing Date: 4/4/2013
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: A trial court abuses its discretion if the record does not show the court meaningfully or appropriately considered the relevant factors under N.D.R.Ev. 609(a)(1) when weighing a prior conviction's probative value and prejudicial effect.
Failure to weigh the probative value and prejudicial effect of a prior conviction under N.D.R.Ev. 609(a)(1) combined with improper use of the convictions as character evidence may adversely affect a defendant's substantial rights constituting obvious error.
Erroneous admission of a defendant's prior convictions, combined with the improper use of the convictions as improper character evidence in the State's closing argument and the lack of limiting jury instructions, is error affecting defendant's substantial rights and is not harmless.

Nienow v. Anderson 2013 ND 53
Docket No.: 20120434
Filing Date: 4/4/2013
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: The N.D. Department of Human Service's determination of whether income is recurring is a finding of fact which will not be overturned on appeal unless it is not supported by a preponderance of the evidence.

Niles, et al. v. Eldridge 2013 ND 52
Docket No.: 20120294
Filing Date: 4/4/2013
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Issues raised for the first time on appeal will not be considered.
A district court does not abuse its discretion by denying a motion to amend an answer when the proposed amendment would be futile.

HIT, Inc. v. N.D. Dep't of Human Services 2013 ND 51
Docket No.: 20120299
Filing Date: 4/4/2013
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: The N.D. Department of Human Services may set the margin requiring a refund of Individualized Supported Living Arrangements overpayments and does not require the margin be calculated in a particular way.