Opinions

Higgins v. Trauger (Consolidated w/20020133) 2003 ND 3
Docket No.: 20020132
Filing Date: 1/17/2003
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: Collusion does not require fraudulent conduct.
Whether collusion has occurred is a finding of fact which will not be reversed on appeal unless it is clearly erroneous.

Downing v. ND Workers Comp., et al. 2003 ND 2
Docket No.: 20020257
Filing Date: 1/17/2003
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: Judgment of the district court affirming a final order of the North Dakota Workers Compensation Bureau is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Duemeland v. Norback 2003 ND 1
Docket No.: 20020124
Filing Date: 1/3/2003
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: A document is ambiguous when reasonable arguments can be made for different interpretations of the meaning of the document.

Estate of Gleeson 2002 ND 211
Docket No.: 20020117
Filing Date: 12/30/2002
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Neumann, William

Highlight: A person protected by a conservatorship retains the capacity to contract or engage in other transactions under our conservatorship statutes.

State v. Bingaman 2002 ND 210
Docket No.: 20020134
Filing Date: 12/23/2002
Case Type: Appeal - Criminal - Other
Author: Maring, Mary

Highlight: In determining whether to order restitution, a court may take into account the defendant's ability to pay the restitution amount.

Hilton v. ND Education Association, et al. 2002 ND 209
Docket No.: 20020054
Filing Date: 12/20/2002
Case Type: Appeal - Civil - Contracts
Author: Neumann, William

Highlight: Counselors who were certified under N.D.C.C. ch. 15-36 and who did not devote more than fifty percent of their time to administration duties were teachers under N.D.C.C. ch. 15-38.1.
In action for intentional interference with contract, defendants act with justification if they assert a lawful object which they had a right to assert.

Howes v. Kelly Services, Inc. 2002 ND 208
Docket No.: 20020014
Filing Date: 12/20/2002
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Neumann, William

Highlight: In considering a motion for judgment as a matter of law, a trial court must view the evidence in the light most favorable to the non-moving party and must accept the truth of the evidence presented by the non-moving party and the truth of all reasonable inferences from that evidence which supports the verdict.
Once one party files a demand for a nine-person jury, other parties are entitled to rely on that demand for the issues it covers, and they need not file their own demand for a nine- person jury.

State v. Weisz 2002 ND 207
Docket No.: 20020115
Filing Date: 12/20/2002
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: When a party fails to adequately preserve an issue for appellate review, appellate inquiry is limited to noticing obvious error.
A defendant's rights against being placed in double jeopardy are not violated when he pleads guilty to simple assault in one county and is charged with aggravated assault in another county because the crimes were separate offenses.

Sweeney v. Sweeney 2002 ND 206
Docket No.: 20010129
Filing Date: 12/20/2002
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: A trial court's decision whether to change custody is a finding of fact subject to the clearly erroneous standard of review on appeal.
The word "shall" in N.D.C.C. 14-09-06.5 and 14-09-24 creates a mandatory duty, and, if requested by a party, a trial court must award costs and reasonable attorney's fees if there has been a false allegation of abuse of child which was not made in good faith or if there has been a willful and persistent denial of visitation rights by a custodial parent.
A trial court may not suspend a noncustodial parent's child support obligation as an offset against amounts owed by the custodial parent for interfering with visitation.

Gawryluk v. Poynter, et al. 2002 ND 205
Docket No.: 20020121
Filing Date: 12/20/2002
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Kapsner, Carol

Highlight: The Duhig rationale applies to a grantor's overconveyance of mineral interests, and if the grantor does not own enough mineral interests to satisfy the conveyance, the conveyance is construed as a transfer of all the grantor's mineral interests.