Opinions

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.

State v. Zephyrin 2003 ND 155
Docket No.: 20020352
Filing Date: 10/23/2003
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal convictions for robbery, felonious restraint, and unauthorized use of a motor vehicle are summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4) and (7).

Iglehart v. Iglehart 2003 ND 154
Docket No.: 20030063
Filing Date: 10/23/2003
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: VandeWalle, Gerald

Highlight: Summary judgment is appropriate in a negligence action when the record indicates the defendant did not owe a duty to the plaintiff and was not negligent.

State v. Ballweg (consolidated w/20030052 & 20030053) 2003 ND 153
Docket No.: 20030051
Filing Date: 10/23/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: Facts in a search warrant affidavit are not misleading if there was no reckless or deliberate falsity nor omitted information that would have negated probable cause.
A high degree of suspicion attaches to the collective purchase of ingredients and supplies used to manufacture methamphetamine.
The combination of the presence of anhydrous ammonia, the collective purchase of an amount of Sudafed inconsistent with personal use and other supplies used to manufacture methamphetamine, and concealment of a garage creates a substantial basis to conclude probable cause exists to search a premises for a methamphetamine manufacturing operation.

Disciplinary Board v. Edin 2003 ND 152
Docket No.: 20030272
Filing Date: 9/24/2003
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Interest of Z.C.B. (CONFIDENTIAL) 2003 ND 151
Docket No.: 20030046
Filing Date: 9/23/2003
Case Type: Appeal - Criminal - Juvenile Law
Author: VandeWalle, Gerald

Highlight: A minor is not in custody and is not entitled to representation by his parents when he is asked common sense investigatory questions during a routine traffic stop.
When there is an odor of alcohol and a minor states he had a sip of alcohol, there is enough evidence to establish he is a minor in consumption of alcohol under N.D.C.C. 5-01-08.
There is no material distinction between consuming alcohol while driving and having recently consumed alcohol while driving. A petition that charges a minor with consuming alcohol while driving is sufficient to inform a minor of the charges against him and allow him to defend against them.

Torgerson v. Torgerson 2003 ND 150
Docket No.: 20030054
Filing Date: 9/23/2003
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: An obligor need not show a material change in circumstances if the motion to modify child support is brought more than one year after entry of the support order.
Income may not be imputed based on underemployment absent adequate evidence of the obligor's gross income from earnings and of the prevailing amounts earned in the community by persons with similar work history and occupational qualifications.
Under current child support guidelines, depreciation is not added back into an obligor's net income to determine support obligations.

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.