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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.

5611 - 5620 of 12137 results

United Valley Bank v. Lamb, et al. 2003 ND 149
Docket No.: 20030070
Filing Date: 9/23/2003
Case Type: Appeal - Civil - Foreclosure
Author: Maring, Mary

Highlight: Rule 38, N.D.R.App.P., authorizes the court to award just damages and single or double costs, including attorney's fees for a frivolous appeal.
An appeal is frivolous if it is flagrantly groundless, devoid of merit, or demonstrates persistence during litigation which evidences bad faith.

Lamb v. Riemers 2003 ND 148
Docket No.: 20030130
Filing Date: 9/23/2003
Case Type: Appeal - Civil - Contracts
Author: Neumann, William

Highlight: Unless a contract specifically provides otherwise, the seller may retain earnest money only if the buyer breaches the agreement.

Guardianship of Shatzka 2003 ND 147
Docket No.: 20030047
Filing Date: 9/23/2003
Case Type: Appeal - Civil - Guardian/Conservator
Author: Neumann, William

Highlight: If a guardian is not appointed, the person for whom guardianship was sought may not be required to pay for a court-appointed visitor, lawyer, physician or temporary guardian.

Krank v. Krank 2003 ND 146
Docket No.: 20030071
Filing Date: 9/23/2003
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: In making its custody decision, the trial court is not required to make specific findings of fact on each factor under N.D.C.C. 14-09-06.2(1), but the court should consider all relevant factors in making the decision.

Orvedal v. Orvedal 2003 ND 145
Docket No.: 20030043
Filing Date: 9/23/2003
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: When the trial judge who enters an original divorce decree clarifies that decree, the court on appeal affords the clarification considerable deference.
When a divorce decree provides for liberal visitation as agreed to by the parties, the inability of the parties to agree is a substantial change of circumstances for modification of visitation.
When a child support obligor is unemployed or underemployed, the trial court is permitted under the child support guidelines to impute income to the obligor.

Kjolsrud v. MKB Management Corp. 2003 ND 144
Docket No.: 20030023
Filing Date: 9/23/2003
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Neumann, William

Highlight: North Dakota's false advertising law authorizes "any person acting for the interests of itself, its members, or the general public" to bring an action to enjoin violations only if that person satisfies standing requirements.

State v. Ricker 2003 ND 143
Docket No.: 20030045
Filing Date: 9/23/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Denial of a motion to suppress evidence is summarily affirmed under Rule 35.1(a)(2) and (3), N.D.R.App.P.

Deptuch v. Lindberg 2003 ND 142
Docket No.: 20030016
Filing Date: 9/23/2003
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Judgment upon jury verdict in a contract dispute is summarily affirmed under 35.1(a)(3).

Barnes v. Workforce Safety and Insurance 2003 ND 141
Docket No.: 20030012
Filing Date: 9/2/2003
Case Type: Appeal - Administrative - Workers Compensation
Author: Neumann, William

Highlight: Nothing in the Rules of Evidence or the statutes governing administrative procedure precludes an employee of an agency from testifying as an expert witness in an administrative proceeding before the agency.

Kautzman v. Kautzman (Cross-Ref w/980004,990328,990386,20000083,&20010296) 2003 ND 140
Docket No.: 20030038
Filing Date: 8/22/2003
Case Type: Appeal - Civil - Divorce - Property
Author: Maring, Mary

Highlight: For an effective appeal on any proper issue, the matter must have been raised in the trial court, so the trial court could rule on it, and a failure to object to an irregularity at trial is a waiver of the issue.
A party making a constitutional claim must provide persuasive authority and reasoning.
N.D.C.C. 9-12-07, dealing with the application of performance by a debtor under several obligations to another, applies only if there is voluntary performance.
When a debtor, at the time of payment, does not indicate to which obligation a payment applies, the creditor may apply it to any obligation then due from the debtor.

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