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On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.

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Chambering of Two New Judgeships in the East Central Judicial District 2023 ND 95
Docket No.: 20230122
Filing Date: 5/18/2023
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Falcon v. Knudsen, et al. 2023 ND 94
Docket No.: 20220380
Filing Date: 5/9/2023
Case Type: Appeal - Civil - Child Support
Author: Bahr, Douglas Alan

Highlight: A district court order finding appellant did not establish a prima facie case for modification of primary residential responsibility and denying his motion to modify primary residential responsibility is affirmed.

A trial court makes no findings of fact when reviewing a party’s affidavits accompanying a motion to modify custody. Determination of whether the movant established a prima facie case entitling him to an evidentiary hearing is a question of law.

A district court’s order finding a movant did not establish a prima facie case for a change of primary residential responsibility is reviewed de novo.

A district court order denying appellant’s motion to disqualify appellee’s counsel is affirmed.

Falcon v. Knudsen, et al. 2023 ND 94
Docket No.: 20220380
Filing Date: 5/9/2023
Case Type: Appeal - Civil - Child Support
Author: Bahr, Douglas Alan

Matter of Shane Lance Yates 2023 ND 93
Docket No.: 20220370
Filing Date: 5/9/2023
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: District court orders denying petitions for name changes are summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Orders denying leave to file are not appealable.

Matter of Shane Lance Yates 2023 ND 93
Docket No.: 20220370
Filing Date: 5/9/2023
Case Type: Appeal - Civil - Other
Author: Per Curiam

Matter of Amy Jo Yates 2023 ND 93
Docket No.: 20220371
Filing Date: 5/9/2023
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: District court orders denying petitions for name changes are summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Orders denying leave to file are not appealable.

Gartei v. Gartei 2023 ND 92
Docket No.: 20220358
Filing Date: 5/9/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: A district court order denying a motion to vacate the judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Kutcka, et al. v. Gateway Building Systems, et al. 2023 ND 91
Docket No.: 20220257
Filing Date: 5/9/2023
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Tufte, Jerod E.

Highlight: A general contractor is not the statutory employer of its subcontractor’s employees entitling it to immunity from suit under the exclusive remedy provisions of N.D.C.C. § 65-04-28.

An employee of a subcontractor operating under an agreement with a general contractor is deemed to be an employee of the general contractor for purposes of imposing liability on the general contractor for premium payments and applicable penalties when the subcontractor does not secure coverage or pay the premium owing.

Kutcka, et al. v. Gateway Building Systems, et al. 2023 ND 91
Docket No.: 20220257
Filing Date: 5/9/2023
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Tufte, Jerod E.

Nelson v. NDDOT 2023 ND 90
Docket No.: 20220355
Filing Date: 5/9/2023
Case Type: Appeal - Administrative - Department of Transportation
Author: Bahr, Douglas Alan

Highlight: Without a valid request for an on-site screening test, including a valid advisory, there can be no refusal to submit to screening under N.D.C.C. § 39-20-14.

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