Opinions

Carpenter v. Southbay Homeowners Association 2025 ND 114
Docket No.: 20240327
Filing Date: 6/18/2025
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: The right to enforce a restriction may be lost by waiver. A waiver occurs when a person voluntarily and intentionally relinquishes a known right or privilege. Generally, the existence of a waiver is a question of fact, but if circumstances of an alleged waiver are admitted or clearly established and reasonable persons can draw only one conclusion from those circumstances, the existence of waiver is a question of law. Whether a waiver has occurred depends on the facts and circumstances of each particular case.

A party may waive a condition despite the presence of a non-waiver provision. But, to establish a non-waiver provision is not enforceable, the party asserting a waiver must show a clear intent to waive both the waiver clause and the underlying contract provision.

A court may award just damages and single or double costs, including reasonable attorney's fees, if it determines an appeal is frivolous. Affirming a summary judgment does not necessarily mean the appeal is frivolous.

Interest of Hicks 2025 ND 113
Docket No.: 20250025
Filing Date: 6/18/2025
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court's order denying a petition for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Glaum v. Drake 2025 ND 112
Docket No.: 20250005
Filing Date: 6/18/2025
Case Type: Appeal - Civil - Contracts
Author: McEvers, Lisa K. Fair

Highlight: When claims are fully adjudicated on the merits following a bench trial, the district court correctly enters a judgment of dismissal with prejudice.

The judgment of dismissal with prejudice is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).

Gum v. Muddy Boyz Drywall 2025 ND 111
Docket No.: 20250045
Filing Date: 6/5/2025
Case Type: Appeal - Civil - Contracts
Author: Bahr, Douglas Alan

Highlight: A party does not have a right to appeal if there is no final judgment or proper N.D.R.Civ.P. 54(b) certification.

Kemp, et al. v. Kvislen, et al. 2025 ND 110
Docket No.: 20240356
Filing Date: 6/5/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Per Curiam

Highlight: A district court judgment denying a petition for nonparent custody or visitation is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Gonzalez v. State 2025 ND 109
Docket No.: 20250019
Filing Date: 6/5/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: Generally, attacking an expired sentence is a moot argument. When the criminal judgment does not include a term of probation, the expired sentence does not continue to have collateral consequences. When a term of imprisonment has been completed, any additional credit for time served is academic and irrelevant. The Court does not render advisory opinions, and an appeal will be dismissed if the issues become moot or academic, leaving no actual controversy to be determined.

State v. Landsberger 2025 ND 108
Docket No.: 20240255
Filing Date: 6/5/2025
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: Jury instructions are fully reviewable on appeal and are reviewed as a whole to determine if they correctly and adequately inform the jury of the applicable law.

Jury instructions will not be reversed unless the instructions as a whole are erroneous, relate to a central subject in the case, and affect a substantial right of the accused.

Interest of M.K. 2025 ND 107
Docket No.: 20250140
Filing Date: 6/5/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App. 35.1(a)(2) and (4).

State v. Lampert 2025 ND 106
Docket No.: 20240271
Filing Date: 6/5/2025
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A jury's verdict was summarily affirmed under N.D.R.App.P. 35.1(a)(3). A district court's order was summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Weber v. Pennington 2025 ND 105
Docket No.: 20240323
Filing Date: 6/5/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Crothers, Daniel John

Highlight: A party seeking modification of primary residential responsibility two years after entry of the prior order establishing primary residential responsibility must establish a prima facie case justifying modification.

A party must show a material change in circumstances and either a general decline in the condition of the child or that the material change has adversely affected the child.

A party moving for primary residential responsibility is entitled to an evidentiary hearing only if new facts have arisen since the prior order constituting a material change of circumstances, and if modification serves the best interests of the child.

Parents have a mutual responsibility to provide support for their children regardless of if the need arises during a parent's specified parenting time. A party must show a child has been adversely affected for there to be a material change in circumstances which warrants modification of the residential responsibility order.