Opinions

Argabright v. Rodgers, et al. 2003 ND 59
Docket No.: 20020246
Filing Date: 4/15/2003
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: An ostensible agency rests upon conduct or communications of the principal which, reasonably interpreted, causes a third person to believe the agent has authority to act for and on behalf of the principal.
If an agency relationship is denied, the party alleging agency must establish it by clear and convincing evidence.

Cannaday v. Cannaday 2003 ND 58
Docket No.: 20020185
Filing Date: 4/15/2003
Case Type: Appeal - Civil - Divorce - Property
Author: Maring, Mary

Highlight: The rules for the division of property are the same in a separation action as in a divorce action, and the division must be an equitable one.
When the provisions of a separation judgment imply that the trial court intended the property division to be final, that judgment is binding upon the parties and it is improper for the court to subsequently alter the property division.

City of Bismarck v. Stockert (Consolidated w/20020332 & 20020333) 2003 ND 57
Docket No.: 20020331
Filing Date: 4/15/2003
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Conviction for criminal mischief, disorderly conduct, and unlawful registration of a motor vehicle is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

City of Devils Lake v. Alford 2003 ND 56
Docket No.: 20020264
Filing Date: 4/15/2003
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Schmidt v. Schmidt 2003 ND 55
Docket No.: 20020202
Filing Date: 4/15/2003
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A trial court determining the best interest and welfare of a child in making a custody decision may appropriately consider such things as the child's interaction and interrelationships with a party's extended family and other people, such as childcare providers and others who may significantly affect the child's best interests.
A party may include in a brief materials not in the record if they are judicially cognizable apart from the record as authorities marshaled in support of a legal argument, but may not include material seeking to supplement the evidentiary record.

Disciplinary Board v. Schoppert 2003 ND 54
Docket No.: 20030097
Filing Date: 4/2/2003
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Lawrence v. Delkamp (CON w/20020291) 2003 ND 53
Docket No.: 20020244
Filing Date: 4/1/2003
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Skjervem v. Minot State Univ. 2003 ND 52
Docket No.: 20020236
Filing Date: 3/31/2003
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Neumann, William

Highlight: When no pertinent evidence on an essential element of a party's claim is presented in resistance to a motion for summary judgment, it is presumed no such evidence exists.

Questa Resources, et al. v. Stott, et al. 2003 ND 51
Docket No.: 20020267
Filing Date: 3/31/2003
Case Type: Appeal - Civil - Foreclosure
Author: Kapsner, Carol

Highlight: A foreign corporation creating and enforcing a security interest by way of a mortgage is not required to obtain a certificate of authority in this state prior to bringing an action to foreclose the mortgage.

Grinnell Mutual Reinsurance Co. v. Center Mutual Ins. Co. 2003 ND 50
Docket No.: 20020073
Filing Date: 3/26/2003
Case Type: Appeal - Civil - Insurance
Author: Maring, Mary

Highlight: Liability coverage for bodily injury because of an auto accident results under an insurance policy if the use of the auto arises out of the inherent nature of the auto.
For a person to be a gratuitous employee, that person's employer must have expressly or impliedly requested the employee's help.
Policy coverage cannot be defeated simply because a separate excluded risk constitutes an additional cause of the injury.
Implied indemnity for settlements is allowed if the indemnitee has a reasonable belief of potential liability, even though it is ultimately determined that the indemnitee had no interest to protect.
The right to sue for implied indemnity does not arise until the indemnitee has suffered actual loss through payment, settlement, or through the injured party's obtaining an enforceable judgment against the indemnitee.