Opinions

Richter v. ND Dept. of Transportation 2008 ND 105
Docket No.: 20080036
Filing Date: 6/5/2008
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: Evidence that is excludable on constitutional grounds may be excluded by an administrative agency upon proper objection.

Alerus Financial, N.A., et al. v. Western State Bank, et al. 2008 ND 104
Docket No.: 20070066
Filing Date: 6/5/2008
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: In construing a trust agreement, the court's primary objective is to ascertain the settlor's intent.
A power of attorney is an instrument in writing authorizing another to act as one's agent, and the agent holding the power of attorney is the attorney-in-fact.
An agency relationship involves both a contractual and a fiduciary relationship, and the interpretation of an agent's authority is governed by the rules for construing contracts, except to the extent the fiduciary relationship requires a different rule.

State v. Hernandez 2008 ND 103
Docket No.: 20070380
Filing Date: 6/5/2008
Case Type: Appeal - Criminal - Sexual Offense
Author:

Highlight: A district court order revoking probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Suelzle v. ND Dept. of Transportation 2008 ND 102
Docket No.: 20080030
Filing Date: 6/5/2008
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Highlight: Revocation of driving privileges summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Riemers v. State of North Dakota, et al. 2008 ND 101
Docket No.: 20070317
Filing Date: 6/2/2008
Case Type: Appeal - Civil - Constitutional Law
Author: Crothers, Daniel John

Highlight: When the Supreme Court denies a petition to review a Court of Appeals decision, the decision becomes final and will not be differently determined on a subsequent appeal in the same case.
A trial court is considered an expert in determining the amount of attorney fees, and its decision concerning the amount and reasonableness of the attorney's fees will not be overturned on appeal absent a clear abuse of discretion.
Paralegal costs may be included in reasonable attorney's fees.

Guardianship/Conservatorship of D.M.O. (cross-reference 20040235) 2008 ND 100
Docket No.: 20060280
Filing Date: 5/23/2008
Case Type: Appeal - Civil - Guardian/Conservator
Author: Crothers, Daniel John

Highlight: The Supreme Court will dismiss an appeal when issues become moot or academic and there is no actual controversy left for our determination.
An actual controversy no longer exists when the issue has been rendered moot by a lapse of time, or the occurrence of related events which make it impossible for a court to grant effective relief.

Larson v. Hagerty, et al. 2008 ND 99
Docket No.: 20080056
Filing Date: 5/19/2008
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author:

Highlight: A district court judgment dismissing a complaint which alleged that state officials had deprived the appellant access to the courts is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Reopelle v. Workforce Safety and Insurance, et al. 2008 ND 98
Docket No.: 20070240
Filing Date: 5/15/2008
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: Unless otherwise provided, statutes in effect on the date of an injury govern a claimant's right to collect workers compensation benefits.
The five-year limit for partial disability benefits applies to claimants who have partial loss of earnings capacity occurring after June 30, 1991.

Waldie v. Waldie 2008 ND 97
Docket No.: 20070342
Filing Date: 5/15/2008
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: A district court's decision regarding redistribution of marital property and debt is reviewed under an abuse-of-discretion standard.
A redistribution of marital property and debt is warranted when there is a noncompliance with a court order that results in a significant shift in equity.

State v. $33,000 U.S. Currency, et al. 2008 ND 96
Docket No.: 20070336
Filing Date: 5/15/2008
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: A district court's denial of a motion for relief from a default judgment will be reversed if the court abused its discretion.
A district court should be more lenient when entertaining motions to vacate default judgments as distinguished from judgments entered after a trial on the merits.
Whether an appearance has been made for purposes of N.D.R.Civ. P. 55(a) is a question of law.
An appearance is any response sufficient to give the plaintiff or his or her attorney notice of an intent to contest the claim.