Opinions

WSI v. Oden 2020 ND 243
Docket No.: 20190242
Filing Date: 11/19/2020
Case Type: WORKERS COMPENSATION
Author: Jensen, Jon J.

Highlight: Valid service of process is necessary to assert personal jurisdiction over a defendant. If a defendant challenges the court’s exercise of personal jurisdiction, the plaintiff bears the burden of proving jurisdiction exists. The plaintiff must make a prima facie showing of jurisdiction to defeat a motion to dismiss for lack of personal jurisdiction. If the court relies only on pleadings and affidavits, the court must look at the facts in the light most favorable to the plaintiff.

Although an evidentiary hearing on a motion to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction, or insufficiency of service of process may be preferable under certain circumstances, the district court nonetheless retains wide discretion and considerable procedural leeway in deciding the motion.
A district court’s decision whether to grant jurisdictional discovery lies within its sound discretion.
WSI has full power and authority to hear and determine all questions within its jurisdiction, and its decisions are final and are entitled to the same faith and credit as a judgment of a court of record.
Accord and satisfaction is an affirmative defense to a claim. An essential element of accord and satisfaction is an agreement evidencing the parties’ mutual assent.
Except for jurisdictional matters and the taking of judicial notice, the appellate court will generally consider only those issues raised in the district court. The appellate court has discretion whether to grant a parties’ request for judicial notice on appeal.

Grengs v. Grengs 2020 ND 242
Docket No.: 20190339
Filing Date: 11/19/2020
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Jensen, Jon J.

Highlight: The court lacked jurisdiction to resolve a motion to set aside a judgment during a pending appeal.

Whether a stipulated agreement is enforceable will not be addressed for the first time on appeal.

The court did not abuse its discretion holding the obligor spouse in contempt for failing to secure a security interest and mortgage of a limited liability company as required by judgment.

State v. Vaagen 2020 ND 241
Docket No.: 20200006
Filing Date: 11/19/2020
Case Type: DRUGS/CONTRABAND
Author: Crothers, Daniel John

Highlight: The timely filing of a notice of appeal is mandatory and jurisdictional, and cannot be waived by the appellate court.

This Court will not consider an argument that is not adequately articulated, supported, and briefed.

Krolik v. Muscha 2020 ND 240
Docket No.: 20200085
Filing Date: 11/19/2020
Case Type: OTHER (Civil)
Author: Crothers, Daniel John

Highlight: Failure to observe proper hearing date provided in notice of hearing cannot be imputed to the district court.

Interest of K.R.C.W. 2020 ND 239
Docket No.: 20200246
Filing Date: 11/19/2020
Case Type: TERMINATION/PARENTAL RIGHTS
Author: Per Curiam

Highlight: A juvenile court may terminate parental rights solely on a finding of deprivation when the child has been in foster care for at least four hundred fifty out of the previous six hundred sixty nights.

Burden v. State 2020 ND 238
Docket No.: 20200143
Filing Date: 11/19/2020
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Gates 2020 ND 237
Docket No.: 20200154
Filing Date: 11/19/2020
Case Type: OTHER (Crim.)
Author: McEvers, Lisa K. Fair

Highlight: An appeal may be dismissed when an appellant’s brief fails to provide a court with an opportunity to meaningfully review the alleged error.

Estate of Lindvig 2020 ND 236
Docket No.: 20200135
Filing Date: 11/19/2020
Case Type: OIL, GAS AND MINERALS
Author: Crothers, Daniel John

Highlight: Under N.D.C.C. § 47-10-23.1, a nontestamentary transfer of real property between spouses is conclusively presumed to be for consideration unless otherwise stated in writing.

The interpretation of a power of attorney is governed by its plain language unless the fiduciary relationship requires a special rule.

State, et al. v. P.K. 2020 ND 235
Docket No.: 20200073
Filing Date: 11/19/2020
Case Type: PATERNITY
Author: Crothers, Daniel John

Highlight: In a child support action brought by the State on behalf of a parent, a counterclaim by the defendant seeking a determination of primary residential responsibility is not a counterclaim against the State for purposes of N.D.R.Civ.P. 13(d).

A continuance is the proper remedy for a party claiming unfair surprise.

A court’s oral findings on the best interest factors may explain its written findings.

MDU v. Behm 2020 ND 234
Docket No.: 20200122
Filing Date: 11/19/2020
Case Type: REAL PROPERTY
Author: Tufte, Jerod E.

Highlight: Under the law of the case doctrine, a party cannot on a second appeal relitigate issues that were resolved in the first appeal or that would have been resolved had they been properly presented in the first appeal.

The district court has discretion to award costs and attorney’s fees in an eminent domain action.