Opinions

Klingenstein v. Klingenstein 2003 ND 165
Docket No.: 20030116
Filing Date: 11/13/2003
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A judgment awarding spousal support and dividing marital property is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Wangler v. Lerol, et al. 2003 ND 164
Docket No.: 20030066
Filing Date: 11/13/2003
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: Waiver and estoppel will not operate to create an insurance contract that never existed.
A Miller-Shugart agreement, consisting of a stipulated confessed judgment against an insured, a covenant not to execute on the judgment, and an assignment of claims, does not eliminate the insured's damages and make the assignment of claims ineffective.
A plaintiff need not replead previously dismissed claims in an amended complaint to preserve the right to appeal the dismissal.

Judicial Vacancy in District Judgeship No. 2, South Central District 2003 ND 163
Docket No.: 20030290
Filing Date: 10/29/2003
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship ordered retained and filled.

Interest of R.F. (CONFIDENTIAL) 2003 ND 162
Docket No.: 20030288
Filing Date: 10/23/2003
Case Type: Appeal - Civil - Mental Health
Author: Sandstrom, Dale

Highlight: At a mental health hearing on a petition for discharge, the burden of proof is the same as at an involuntary treatment hearing.
The petitioner must prove by clear and convincing evidence that the respondent is a person requiring mental health treatment.
A person requiring treatment has the right to the least restrictive means of treatment.

Disciplinary Board v. Hoffman (Consolidated w/ 20030142) 2003 ND 161
Docket No.: 20030141
Filing Date: 10/23/2003
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: An attorney is appropriately suspended from the practice of law for one year when the hearing panel has found clear and convincing evidence of professional conduct violations.
Prior discipline is relevant as an aggravating factor when the prior incidents establish a pattern of misconduct.

Ralston v. Ralston (cross-ref.w/20020184) 2003 ND 160
Docket No.: 20030104
Filing Date: 10/23/2003
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: A custodial parent does not need court approval to move a child out of state when the noncustodial parent has moved from the state before or after the divorce decree and lives more than fifty miles from the residence of the custodial parent.

Ruggles v. Sabe 2003 ND 159
Docket No.: 20030147
Filing Date: 10/23/2003
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: A vested remainderman has an action for waste against a life tenant.

Alerus Financial v. Lamb, et al. 2003 ND 158
Docket No.: 20030106
Filing Date: 10/23/2003
Case Type: Appeal - Civil - Foreclosure
Author: Maring, Mary

Highlight: When a motion for enlargement of time is untimely, a court, in its discretion, may grant an enlargement of time only if the failure to file timely was the result of excusable neglect.
An appellant must show the trial court manifestly abused its discretion to overturn a denial of a new trial based on new evidence.
A deficiency judgment is a judgment against a debtor personally for the unpaid balance after a foreclosure sale or a sale of repossessed property fails to satisfy the full amount of the debt.

State v. Faleide (Consol. w/20030076-20030077) 2003 ND 157
Docket No.: 20030075
Filing Date: 10/23/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A revocation of probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Grewal v. ND Association of Counties, et al. 2003 ND 156
Docket No.: 20030099
Filing Date: 10/23/2003
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Sandstrom, Dale

Highlight: An employer of an independent contractor is not liable for the acts or omissions of the independent contractor unless the employer retains control of the method, manner, and operative details of the independent contractor's work.