Opinions

Mantz v. Mantz 2007 ND 73
Docket No.: 20060365
Filing Date: 6/7/2007
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A second amended judgment modifying a child support obligation is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

White Mountain v. State 2007 ND 72
Docket No.: 20060357
Filing Date: 6/7/2007
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Alexander 2007 ND 71
Docket No.: 20060363
Filing Date: 6/7/2007
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Convictions of unlawful entry into a vehicle are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Deraas v. Workforce Safety and Insurance, et al. 2007 ND 70
Docket No.: 20070016
Filing Date: 5/9/2007
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: District court judgment affirming a Workforce Safety & Insurance order is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Chamley v. Khokha, et al. 2007 ND 69
Docket No.: 20060261
Filing Date: 5/8/2007
Case Type: Appeal - Civil - Malpractice
Author: Marquart, Steven

Highlight: Any person rendering aid or assistance with an expectation of remuneration is not protected by North Dakota's Good Samaritan Act.
A doctor who is a salaried employee of a hospital and performs a procedure in the hospital has an expectation of remuneration.

State v. Rogers 2007 ND 68
Docket No.: 20060300
Filing Date: 5/8/2007
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: When deciding the sufficiency of the evidence, the evidence and all reasonable inferences are viewed in the light most favorable to the prosecution, and this Court determines whether a rational factfinder could have found guilt beyond a reasonable doubt. Only if the evidence is insufficient to sustain a conviction will this Court allow a judgment of acquittal.
An unchallenged jury instruction becomes the law of the case.
The Double Jeopardy Clause bars retrial when the prosecution has failed to produce sufficient evidence to prove its case.
For the purposes of N.D.C.C. 12.1-22-03(1), and based on the ordinary meanings of the statutory words, "dwelling" includes a hotel room.
For an offense to be a lesser-included offense, it must be impossible to commit the greater offense without committing the lesser.

WFND, LLC v. Fargo Marc, LLC 2007 ND 67
Docket No.: 20060125
Filing Date: 5/7/2007
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: A motion to amend a complaint under N.D.R.Civ.P. 15(a) and a motion for voluntary dismissal under N.D.R.Civ.P. 41(a)(2) lie within the sound discretion of the district court and will not be reversed on appeal absent an abuse of discretion.
A breach of contract is the nonperformance of a contractual duty when it is due, and the burden of proving the elements of a breach of contract is on the party asserting the breach.
Mixing principles of tort and contract law and using tort terminology to describe a breach of contract is improper.
Fraud applies when there is a contract between the parties and deceit applies when there is no contract between the parties.
An intent to defraud usually is not susceptible of direct proof, and can be established by circumstantial evidence.
The award of damages will be sustained on appeal if it is within the range of the evidence presented to the trier of fact.
A district court is not required to accept the undisputed testimony of an expert witness.
A written contract may be modified by an executed oral agreement.
The parol evidence rule does not preclude proof of the existence of a separate oral stipulation or agreement concerning any matter on which the written contract is silent, and which is not inconsistent with its terms.
Successful litigants are not allowed to recover attorney fees unless authorized by statute or by contract.
When opposing parties each prevail on some of their claims, there is no single prevailing party for whom disbursements may be taxed.
Disbursements listed in N.D.C.C. 28-26-06 may be awarded as discretionary costs under N.D.C.C. 28-26-10.

Gilbert v. Gilbert 2007 ND 66
Docket No.: 20060306
Filing Date: 5/4/2007
Case Type: Appeal - Civil - Divorce
Author: Maring, Mary

Highlight: A custodial parent seeking to change the residence of a child to another state has the burden to prove, by a preponderance of the evidence, that the move is in the child's best interest.
It is reversible error for a court to fail to give sufficient credence to the importance of keeping the custodial family intact when deciding whether to allow a custodial parent to relocate with the child to another state.

Vogel, Weir, Hunke, and McCormick v. Serbus 2007 ND 65
Docket No.: 20070019
Filing Date: 5/3/2007
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Contract dispute judgment summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Stadheim v. Stadheim 2007 ND 64
Docket No.: 20060193
Filing Date: 5/1/2007
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: The amended divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).