Opinions

Estate of Christeson, et al. v. Gilstad, et al. 2013 ND 50
Docket No.: 20120328
Filing Date: 4/4/2013
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: 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.
The recording of a lease executed by one who is the legal owner, but not the record owner, of a mineral interest constitutes a use of the mineral interest which will preclude forfeiture of the mineral interest under the abandoned mineral statutes.

State v. Stegall (consolidated w/ 20120365, 20120386) 2013 ND 49
Docket No.: 20120362
Filing Date: 4/4/2013
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: The fugitive-dismissal rule does not apply to a defendant who absconds during pre-trial and trial proceedings.
The trial court has discretion to extend its own deadlines, including deadlines established in a scheduling order before trial.
For purposes of criminal prosecution for endangerment of a child, an unborn child is not a child, and N.D.C.C. 19-03.1-22.2 does not apply to acts committed on an unborn child, regardless of whether the child is subsequently born alive or dies in utero.
There is no distinction between a factual scenario in which the pregnant woman prenatally ingests a controlled substance and the child subsequently dies in utero and the factual scenario in which the child is born alive for purposes of criminal prosecution of the mother.

Hoverson v. Hoverson 2013 ND 48
Docket No.: 20120281
Filing Date: 4/4/2013
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A property distribution need not be equal to be equitable, but a substantial disparity must be explained.
An upward deviation in child support may be made in an amount appropriate to the needs of the children and the ability of the parent to pay.

Jensen v. Deaver 2013 ND 47
Docket No.: 20120373
Filing Date: 4/4/2013
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A restriction of parenting time must be supported by a preponderance of the evidence and accompanied by a detailed demonstration of the physical or emotional harm likely to result from visitation.
A district court's findings restricting parenting time must be sufficient to understand the basis for the court's decision that the children would suffer physical or emotional harm without the restrictions on visitation.

Hayden, et al. v. Medcenter One, Inc., et al. 2013 ND 46
Docket No.: 20120337
Filing Date: 4/4/2013
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: The proper method for a party to seek additional time for discovery is to make a motion under N.D.R.Civ.P. 56(f).
The essential element in recovering under the theory of unjust enrichment is the receipt of a benefit by the defendant from the plaintiff which would be inequitable to retain without paying for its value.
To prevail on a claim based on quantum meruit, the claimant must establish the recipient accepted benefits under circumstances which would reasonably notify the recipient that the claimant had an expectation of payment for the services rendered.
Equitable estoppel does not by itself give rise to a cause of action, and it cannot be used to create an enforceable agreement between the parties.
While parties who depend on the outcome of the litigation to recover their share of the funds are required to share in the costs of the litigation under the common fund doctrine, hospital lien creditors are entitled to payment regardless of the outcome of the litigation and therefore are not required to share in the litigation costs.

Matter of C.J.S. 2013 ND 45
Docket No.: 20120370
Filing Date: 4/4/2013
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: A district court judgment changing a child's surname is affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Wisham 2013 ND 44
Docket No.: 20120355
Filing Date: 4/4/2013
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment for contributing to the delinquency of a minor is affirmed under N.D.R.App.P. 35.1(a)(1) and (3).

State v. Bentz 2013 ND 43
Docket No.: 20120345
Filing Date: 4/4/2013
Case Type: Appeal - Criminal - Misc. Felony
Author:

Highlight: Criminal judgment for terrorizing is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Froistad v. Schmalenberger, et al. 2013 ND 42
Docket No.: 20120381
Filing Date: 4/4/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order summarily dismissing Froistad's petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Gaede v. State 2013 ND 41
Docket No.: 20120326
Filing Date: 4/4/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court judgment denying an applicant's petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).