Opinions

Collection Center v. Bydal 2011 ND 63
Docket No.: 20100093
Filing Date: 3/22/2011
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: A party to a joint obligation who satisfies more than that party's share of the claim against all obligors may require a proportionate contribution from all the parties joined with that party, and disproportionate contribution may be allowed if the parties have agreed to a different allocation on their liability or one of the comakers has received a disproportionate benefit from the transaction.
After an assignment, the assignee of a nonnegotiable chose in action acquires no greater rights than held by the assignor and is ordinarily subject to any setoff or counterclaim available to the obligor against the assignor, and to all other defenses and equities that could have been asserted against the assignor at the time of the assignment.
Under N.D.R.Civ.P. 12(f), the district court has discretion either upon a motion by a party or on its own to strike an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter in a pleading.
If a plaintiff files an amended complaint that changes the theory or scope of the case, the defendant may plead as though it were responding to the original complaint and add new counterclaims without requesting leave of court.
Under N.D.R.Civ.P. 13(a), if a claim arises out of the same transaction or occurrence that is the subject matter of the opposing party's claim, it is a compulsory counterclaim and must be pleaded in response to the opposing party's pleading. Under Rule 13's "opposing party" requirement, when a plaintiff has brought suit in one capacity, the defendant may not counterclaim against the plaintiff in a different capacity.

Prchal v. Prchal 2011 ND 62
Docket No.: 20100128
Filing Date: 3/22/2011
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Whether contempt has been committed lies within the district court's sound discretion, which will not be overturned on appeal absent a clear abuse of that discretion.
To modify parenting time, the moving party must demonstrate a "material change in circumstances" has occurred since entry of the previous parenting time order and the modification is in the child's "best interests."
The district court has continuing jurisdiction after a divorce judgment has been entered over matters pertaining to parenting rights and responsibilities of the children of the marriage.
Both the decision to appoint a parenting coordinator and to order counseling are committed to the district court's sound discretion.

State v. Tompkins 2011 ND 61
Docket No.: 20100234
Filing Date: 3/22/2011
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: Law enforcement has no duty to assist an accused in obtaining an independent blood-alcohol test. Once a reasonable request is made for an independent test, however, law enforcement must not interfere to the extent a reasonable opportunity to obtain the test is denied.
In addition to the obligation to pay for all costs associated with the independent blood-alcohol test, N.D.C.C. 39-20-02 affords an accused only the right to have the test performed, to choose the professional to administer the test, and to receive the test results.

Carkuff, et al. v. Balmer, et al. 2011 ND 60
Docket No.: 20100099
Filing Date: 3/22/2011
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: The language of a deed, if clear and explicit, governs its interpretation, and the parties' mutual intentions must be ascertained from the four corners of the deed, if possible.
A quitclaim deed conveys only the grantor's interest or title, if any, in property, rather than the property itself.
Generally, after-acquired title by the grantor will not inure to the benefit of the grantee under a quitclaim deed.
Use of the word "grant" in a quitclaim deed which conveyed only a grantor's "right, title and interest" in the property did not operate to pass after-acquired property rights to minerals interests.

Interest of Vondal 2011 ND 59
Docket No.: 20100221
Filing Date: 3/22/2011
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: Under N.D.R.Civ.P. 52(a), a trial court must find the facts specially and state separately its conclusions of law.

Nelson v. State 2011 ND 58
Docket No.: 20100383
Filing Date: 3/22/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: Order summarily dismissing application for post-conviction relief is remanded under N.D.R.App.P. 35(a)(3).

Stephenson v. Stephenson 2011 ND 57
Docket No.: 20100237
Filing Date: 3/22/2011
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: All property, including retirement accounts, must be included in a marital estate before the court can determine an equitable property division.
When dividing a pension or retirement plan, a court may award the present value of the benefits or it may award a percentage of future payments if the parties cannot agree upon the present value or if there are insufficient assets for a present division.
When parties remarry after a prior divorce, all of the parties' assets become marital property again and are subject to an equitable distribution.

State v. Christian (consolidated w/20100191 & 20100192) 2011 ND 56
Docket No.: 20100190
Filing Date: 3/22/2011
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: Circumstantial evidence alone can be sufficient to sustain a jury's guilty verdict if the circumstantial evidence has such probative force as to enable the trier of fact to find the defendant is guilty beyond a reasonable doubt.
Constructive possession can be inferred from a totality of the circumstances.
Section 19-03.1-23(7), N.D.C.C., prohibits the possession of cocaine, regardless of the amount.

Berger v. N.D. Dept. of Transportation 2011 ND 55
Docket No.: 20100189
Filing Date: 3/22/2011
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: A hearing officer conducting an adjudicative administrative proceeding has broad discretion over the progress and conduct of the hearing, including scheduling and continuing the hearing.

Silliman v. All American Biodiesel, Inc. 2011 ND 54
Docket No.: 20100257
Filing Date: 3/22/2011
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: Res ipsa loquitur for fire damage requires that the accused party had control over the instrumentality that caused the fire, not merely the location of the fire.
Not the mere occurrence of a fire but rather the circumstances under which the fire originated and spread gives rise to the application of res ipsa loquitur.