Opinions

Edison v. Edison 2023 ND 141
Docket No.: 20220290
Filing Date: 8/2/2023
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Legacie-Lowe v. Lowe 2023 ND 140
Docket No.: 20220314
Filing Date: 5/9/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: The district court’s findings are inadequate to understand the basis for the decision.

The Court retains jurisdiction and remands for the district court to make specific findings of fact on whether there was infliction of fear of imminent domestic violence.

Adoption of B.T.H. (CONFIDENTIAL) 2023 ND 139
Docket No.: 20230178
Filing Date: 7/19/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Order and decree terminating parental rights to a minor child and granting a petition for adoption summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Bullinger v. Sundog Interactive, et al. 2023 ND 138
Docket No.: 20230007
Filing Date: 7/19/2023
Case Type: Appeal - Civil - Corporations
Author: Jensen, Jon J.

Highlight: A district court must make adequate findings under N.D.R.Civ.P. 52(a)(1) to understand the basis for its decision.

Interest of B.R. (CONFIDENTIAL) (consolidated w/20230187) 2023 ND 137
Docket No.: 20230186
Filing Date: 7/19/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Orders terminating parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Redpaint v. State 2023 ND 136
Docket No.: 20230042
Filing Date: 7/19/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: Postconviction relief is governed by statute, and its proceedings are civil in nature and governed by the North Dakota Rules of Civil Procedure.

An application for postconviction relief must be filed within two years after the conviction becomes final unless there is newly discovered evidence, delay due to physical disability or mental disease, or newly interpreted law retroactively applicable.

Interest of G.R.D. 2023 ND 135
Docket No.: 20230023
Filing Date: 7/19/2023
Case Type: Appeal - Criminal - Juvenile Law
Author: Crothers, Daniel John

Highlight: A juvenile court’s order placing a child into the custody of the Division of Juvenile Services will not be reversed unless the court’s findings were clearly erroneous.

Otten v. Otten, et. al. 2023 ND 134
Docket No.: 20230019
Filing Date: 7/19/2023
Case Type: Appeal - Civil - Child Support
Author: Bahr, Douglas Alan

Highlight: A district court judgment dividing marital property, weighing the best interest factors and awarding parenting time is affirmed.

A district court has broad discretion over the progress and conduct of a trial, and the determination whether to grant a continuance lies within the sound discretion of the district court.

Under N.D.R.App.P. 38, this Court may award attorney’s fees if the appeal is frivolous. An appeal is frivolous if it is flagrantly groundless, devoid of merit, or demonstrates persistence in the course of litigation which evidences bad faith.

Dogbe v. Dogbe, et al. 2023 ND 133
Docket No.: 20230037
Filing Date: 7/19/2023
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: To modify a primary residential responsibility order within the two-year period following the entry of the order the movant must make a prima facie case showing the requirements under N.D.C.C. § 14-09-06.6(5).

The district court can grant relief from an order if the party shows any of the reasons necessary for relief under N.D.R.Civ.P. 60(b).

Attorney's fees awarded by the district court will be reversed if the court abused its discretion.

Hagen v. N.D. Insurance Reserve Fund 2023 ND 132
Docket No.: 20230025
Filing Date: 7/19/2023
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Jensen, Jon J.

Highlight: A district court’s review of in-camera documents is reviewed for an abuse of discretion.

A district court’s conclusion that attorney work product meets the potential liability exception under N.D.C.C. § 44-04-19.1(8) must include a finding that the records relate to circumstances for which there remains a genuine potential for liability.

A public entity that has a legal duty to defend its member agencies may be able to demonstrate that attorney work product is exempt from disclosure if disclosure would reveal records that relate to circumstances for which there remains a genuine potential for liability.

A district court must follow the pronouncements of an appellate court on legal issues in subsequent proceedings of the case.