Opinions
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5801 - 5900 of 12382 results
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Lamb v. Riemers
2003 ND 148 Highlight: Unless a contract specifically provides otherwise, the seller may retain earnest money only if the buyer breaches the agreement. |
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Guardianship of Shatzka
2003 ND 147 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. |
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Krank v. Krank
2003 ND 146 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. |
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Orvedal v. Orvedal
2003 ND 145
Highlight: When the trial judge who enters an original divorce decree clarifies that decree, the court on appeal affords the clarification considerable deference. |
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Kjolsrud v. MKB Management Corp.
2003 ND 144 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. |
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State v. Ricker
2003 ND 143 Highlight: Denial of a motion to suppress evidence is summarily affirmed under Rule 35.1(a)(2) and (3), N.D.R.App.P. |
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Deptuch v. Lindberg
2003 ND 142 Highlight: Judgment upon jury verdict in a contract dispute is summarily affirmed under 35.1(a)(3). |
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Barnes v. Workforce Safety and Insurance
2003 ND 141 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. |
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Kautzman v. Kautzman (Cross-Ref w/980004,990328,990386,20000083,&20010296)
2003 ND 140
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. |
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Volz v. Peterson
2003 ND 139
Highlight: A party seeking modification of child custody is entitled to an evidentiary hearing if she presents a prima facie case by alleging, with supporting affidavits, sufficient facts which, if uncontradicted, would support a custody modification in her favor. |
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Interest of J.S. (CONFIDENTIAL) (see Docket Memo)
2003 ND 138 Highlight: A person requiring mental health treatment has the right to the least restrictive conditions necessary to achieve the purposes of the treatment. |
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State v. Stoppleworth (Consolidated w/20020346)
2003 ND 137 Highlight: When a victim is unable or unwilling to identify the defendant at trial, the victim's prior out-of-court statements identifying the defendant as his assailant are admissible if the victim testifies and is available for cross-examination at trial. |
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McKechnie v. Berg, et al.
2003 ND 136
Highlight: Admitting incompetent evidence in a bench trial is not reversible error unless it induced an improper finding. |
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Montgomery v. Montgomery (Cross-reference w/19910217)
2003 ND 135
Highlight: The trier of fact is entitled to weigh and evaluate testimony, and is not required to accept even undisputed testimony. |
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McMorrow v. State
2003 ND 134
Highlight: An applicant for post-conviction relief has the burden of establishing grounds for relief. |
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State v. Ehli
2003 ND 133 Highlight: Due process requires that parties be given notice and afforded a meaningful opportunity to present objections. |
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Langness v. Fencil Urethane Systems, et al.
2003 ND 132
Highlight: N.D.R.Ev. 702 envisions generous allowance of the use of expert testimony if proffered witnesses have some degree of expertise in the field in which they are to testify, and they need not have a formal title or be licensed in any particular field to qualify as an expert if their actual qualifications establish knowledge, skill, experience, training, or education in the field. |
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Benson v. Benson
2003 ND 131
Highlight: When a North Dakota court issues an initial custody decree, the state retains exclusive, continuing jurisdiction to modify the decree unless: (1) a North Dakota court determines the child and at least one parent no longer have a significant connection with the state and the state no longer has substantial evidence concerning the child, or (2) it is determined by North Dakota or another state that all of the parties to the custody dispute have moved away from the state. |
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McClure v. McClure
2003 ND 130 Highlight: In imputing income under N.D. Admin. Code sec. 75-02-04.1-07(3) for determining a child support obligation, the subdivision resulting in the greatest imputed income must be used. |
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Collette v. Clausen
2003 ND 129
Highlight: A supplier of a chattel can be liable for negligent entrustment if the supplier knows or has reason to know the person who he supplies the chattel to is likely to use the chattel in a manner involving unreasonable risk of physical harm to himself or others. |
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Weiss, et al. v. Collection Center, Inc., et al.
2003 ND 128
Highlight: The least-sophisticated-consumer standard is used to determine whether a debt collector has used false or misleading practices to collect a debt. |
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Interest of D.P.O.(CONFIDENTIAL) (Consolidated w/20030020)
2003 ND 127
Highlight: Establishment of a psychological parent relationship does not end the trial court's inquiry in making a custody decision, but merely furnishes a justification for the award of custody to a party other than the natural parent. |
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Matter of Fosaaen (CONFIDENTIAL)
2003 ND 126 Highlight: Lawyer transferred to incapacitated status. |
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Valley Honey Co. v. Graves, et al.
2003 ND 125
Highlight: If a condition appears on the face of a grant of real property, the grant takes effect on performance of the condition. |
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Lawrence v. Roberdeau, et al. (consolidated w/20030061)
2003 ND 124
Highlight: Witness immunity bars a suit challenging a witness's testimony. |
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Bladow v. Bladow
2003 ND 123 Highlight: The proceeds of a personal injury settlement received during the marriage are part of the marital estate, and their distribution is part of the equitable distribution of property in a divorce. |
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Ringsaker v. Workforce Safety and Insurance
2003 ND 122
Highlight: Litigants have a duty to comply with clearly communicated case-management orders. |
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Gonzalez v. Tounjian, et al
2003 ND 121
Highlight: A lessor who retains control over common areas of an apartment building has a duty to exercise reasonable care to keep the common areas safe. |
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Smith v. Baumgartner
2003 ND 120
Highlight: A statute may not be retroactively applied unless the statute explicitly states that it is to be applied retroactively or unless this Court can rationally infer from other sources that the legislature intended retroactive application of the statute. |
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State v. Schwab
2003 ND 119
Highlight: Under N.D.R.Crim.P. 3(b), amendment of a complaint is within the district court's discretion. |
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Syversen, et al. v. Hess, et al.
2003 ND 118
Highlight: When mistake is alleged, an unambiguous written deed can be altered by parol evidence. |
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Tarnavsky v. McKenzie Co. Grazing Association
2003 ND 117
Highlight: Statutes of limitation ordinarily begin to run from the commission of the wrongful act giving rise to the cause of action. |
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State v. Steen (Consolidated w/20020356-20020360)
2003 ND 116
Highlight: An order correcting an illegal sentence involves a substantial right and is appealable. |
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Coons v. Coons
2003 ND 115 Highlight: Where a presumption of domestic violence has been made and not yet rebutted, interim custody may be transferred from the presumed perpetrator until the presumption is rebutted by clear and convincing evidence. |
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Interest of K.P.
2003 ND 114 Highlight: To modify an alternative treatment order, a trial court must find by clear and convincing evidence: (1) the respondent is not complying with the alternative treatment order; or (2) the alternative treatment is not sufficient to prevent the respondent from harming the respondent or others. |
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Rist v. ND Dept. of Transportation
2003 ND 113
Highlight: Community caretaking justifies law enforcement contact without reasonable suspicion of unlawful conduct. |
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Van Klootwyk, et al. v. Baptist Home
2003 ND 112 Highlight: The three-month period for providing an admissible expert opinion under N.D.C.C. 28-01-46 applies only when a lawsuit based upon professional negligence is brought against a physician, nurse, or hospital, not a nursing home. |
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State v. Dimmitt
2003 ND 111
Highlight: If a judge impermissibly participates in plea negotiations, and a defendant shows his guilty plea resulted from the influence or confusion caused by the trial court's involvement in the negotiations, the defendant must be permitted to withdraw his guilty plea. |
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Tarnavsky v. Tarnavsky, et al.
2003 ND 110
Highlight: A partnership is an association of two or more persons to carry on as co-owners in business for profit and requires an intention to be partners, co-ownership of the business, and a profit motive. |
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John T. Jones Construction Co. v. City of Grand Forks
2003 ND 109
Highlight: Parties to an arbitration agreement cannot contractually expand the scope of judicial review of an arbitration award beyond that provided by the Uniform Arbitration Act. |
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State v. Matthews
2003 ND 108
Highlight: A warrantless search of a dwelling for the purpose of investigation may be upheld under the emergency doctrine when the primary intent of the investigation is to render aid or assistance to someone in a dangerous situation. |
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State v. Heupel
2003 ND 107 Highlight: Convictions for theft by deception and tampering with physical evidence are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
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State v. Schmidt
2003 ND 106 Highlight: Criminal trespass conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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Hogan v. Hogan
2003 ND 105
Highlight: That the trial court's decision did not follow the custody investigator's recommendation is not convincing evidence that the court failed to adequately consider the report or erred in exercising its judgment in its custody award. |
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Public Service Commission v. Wimbledon Grain Co., et al.
2003 ND 104 Highlight: Farmers with unpaid credit-sale contracts with an insolvent grain buyer are "claimants" entitled to participate in the non-bond assets of the trust fund under N.D.C.C. 60-02.1-30, and the Public Service Commission is obligated to marshal the non-bond trust fund assets for their benefit. |
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Holman, et al. v. Berglund, et al.
2003 ND 103 Highlight: Dismissal of a malpractice claim is summarily affirmed under N.D.R.App.P. 35.1(a)(7). Dismissal of a lack of informed consent claim is summarily reversed under N.D.R.App.P. 35.1(b). |
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Damron v. State
2003 ND 102 Highlight: To claim ineffective assistance of counsel in a plea agreement, a defendant must prove a serious dereliction on the part of the defendant's attorney that prevented the guilty plea from being anything other than knowingly and intelligently made. |
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Interest of I.K. (CONFIDENTIAL)
2003 ND 101
Highlight: Before a court may order an extension of a continuing alternative treatment order, it must find from specific evidence that the patient is mentally ill and that there is a reasonable expectation that if the individual went untreated, there exists a serious risk of harm to the patient, to others, or to property. |
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Olander Contracting Co. v. Gail Wachter Investments, et al.
2003 ND 100
Highlight: After becoming final, an appellate judgment on the merits of a dispute should be set aside under N.D.R.Civ.P. 60(b) only in exceptional circumstances. |
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State v. Tognotti
2003 ND 99
Highlight: An officer arresting a passenger in a vehicle can search the driver's purse incident to the arrest without violating the driver's Fourth Amendment rights. State v. Gilberts, 497 N.W.2d 93 (N.D. 1993), is overruled to the extent it is contrary to this holding. |
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Interest of A.B. (CONFIDENTIAL)
2003 ND 98
Highlight: A juvenile court does not reversibly err in reversing a judicial referee's recommendation where the record before the juvenile court includes the undisputed factual matters necessary for resolution of the case and the issues involved in the case are legal issues. |
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Cue v. State
2003 ND 97
Highlight: A court is required to give a criminal defendant, upon sentencing, credit for all time spent in custody as a result of the criminal charge or conduct for which the sentence is being imposed. |
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Peters-Riemers v. Riemers
2003 ND 96
Highlight: A moot issue will be determined if the controversy is one of great public interest and involves the authority and power of public officials or if the matter is capable of repetition, yet evading review. |
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Boser v. Hanson, et al.
2003 ND 95
Highlight: Jury instructions must fairly and adequately inform the jury of the applicable law. |
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Spath v. State (cross-ref. w/990302 & 970230)
2003 ND 94 Highlight: Denial of an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Marcotte's Builders Supply v. Strobel, et al.
2003 ND 93 Highlight: Judgment in a home construction contract dispute is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Haugenoe, et al. v. Bambrick, et al.
2003 ND 92
Highlight: If, in a medical malpractice case, the alleged malpractice is beyond the understanding of a layperson, an expert opinion must be obtained within three months of the commencement of the action to support the allegation of medical malpractice. |
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Northern Plains Alliance, L.L.C. v. Mitzel, et al.
2003 ND 91
Highlight: When parties enter an agreement for the sale of property which is expressly subject to a right of first refusal by a third party, the contract is conditional and becomes binding on the seller only if the right of first refusal is not exercised. |
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Sonsthagen v. Sprynczynatyk
2003 ND 90
Highlight: For a law enforcement officer to testify about the results of a sobriety test, the proper foundation to be established is evidence of the officer's training and experience in administering the test and evidence that the test was properly administered. |
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State v. Corum
2003 ND 89
Highlight: Illegally obtained evidence cannot be the basis for a magistrate's finding of probable cause to support a search warrant. |
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K.L.B., et al. v. S.B. (CONFIDENTIAL)
2003 ND 88
Highlight: The court can vacate a default judgment when circumstances justify it under a properly raised motion for relief from the judgment under N.D.R.Civ.P. 60(b). |
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Ramey v. Twin Butte School Dist.
2003 ND 87 Highlight: To establish a prima facie case of discrimination for failure-to-hire under the North Dakota Human Rights Act, a plaintiff must show: (1) she is a member of a protected class under the Human Rights Act; (2) she sought and was qualified for the position; (3) she suffered an adverse employment decision; and (4) others not in the protected class were treated more favorably. |
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Trinity Health v. North Central Emergency Services
2003 ND 86
Highlight: Whether a contract has been substantially performed and whether a party has breached a contract are questions of fact. |
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Fercho v. Remmick
2003 ND 85
Highlight: An appellate court decides the threshold issue of mootness before reaching the merits of an appeal. |
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Matter of Garrison State Bank and Trust
2003 ND 84 Highlight: If the party moving for summary judgment meets its initial burden of showing the absence of a genuine issue of material fact, the nonmoving party may not rely on mere allegations, but must present competent evidence by affidavit or other comparable means creating a material factual dispute. |
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State v. Moore
2003 ND 83
Highlight: The right to appeal and the deadline for filing an appeal are statutory. |
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Disciplinary Board v. Giese
2003 ND 82
Highlight: An attorney is suspended from the practice of law and ordered to pay costs and restitution for violating N.D.R. Prof. Conduct 1.8, 3.1, 3.2, and 8.4(e) and N.D.R. Lawyer Discipl. 1.2(a)(3). |
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State v. Fields
2003 ND 81
Highlight: During an investigatory stop of a vehicle, a traffic violator can be temporarily detained until the legitimate investigative purposes of the traffic stop have been completed. |
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Weninger v. Grzeskowiak
2003 ND 80 Highlight: Disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Hoffner, et al. v. Johnson, et al.
2003 ND 79
Highlight: The six-year statute of repose for medical malpractice actions under N.D.C.C. 28-01-18(3) does not violate equal protection. |
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Morton Co. Social Service Bd. v. Hakanson
2003 ND 78
Highlight: A child support order is modified when past due child support obligations are forgiven. |
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Sommers v. Sommers
2003 ND 77
Highlight: A party moving to dismiss an appeal for acceptance of benefits of a judgment must clearly establish waiver of the right to appeal by the other party. |
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State v. Thorson
2003 ND 76
Highlight: To establish obvious error, the defendant has the burden to show (1) error, (2) that is plain, and (3) that affects substantial rights. |
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Malchose v. Kalfell, et al.
2003 ND 75
Highlight: A trial court may determine a document is authentic based on the proponent's chain of custody testimony and the document's internal indicia of trustworthiness. |
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Disciplinary Board v. Query (CONSOLIDATED W/20030025)
2003 ND 74 Highlight: Lawyer disbarred for conviction of a serious crime, and the effective date for disbarment is the date of the disbarment order. |
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State v. Tollefson
2003 ND 73 Highlight: An officer who reasonably believes a suspect may have a weapon in his pocket, but who is unable to determine with certainty whether the object is a weapon during a pat-down search, acts reasonably by reaching into the pocket to recover the object. |
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Ellis v. State
2003 ND 72 Highlight: A Sixth Amendment violation of the right to assistance of counsel occurs if the government knowingly intrudes into the attorney-client relationship and the intrusion demonstrably prejudices the defendant, or creates a substantial threat of prejudice. |
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Vandeberg v. State (Consolidated w/20020321)
2003 ND 71 Highlight: The State cannot require a petitioner, in every post-conviction relief case, to prove up his case prior to any hearing merely by moving for summary disposition and asserting the petitioner has offered no evidence to support his claims. |
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Flattum-Riemers v. Flattum-Riemers
2003 ND 70
Highlight: A trial court's decision to change the location of a hearing to a county other than the county of venue will not be reversed on appeal unless the court has abused its discretion. |
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Wagner v. Miskin
2003 ND 69
Highlight: An appellant assumes the consequences and the risk for the failure to file a complete transcript, and if the record on appeal does not allow for a meaningful and intelligent review of alleged error, this Court will decline review of the issue. |
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Interest of B.N. & K.K. (CONSOLIDATED W/20020281) (CONFIDENTIAL)
2003 ND 68 Highlight: The probability of serious mental and emotional harm to a child may be established by prognostic evidence that a parent's current inability to properly care for the child will continue long enough to render improbable the successful assimilation of the child into a family if the parent's rights are not terminated. |
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Nelsen v. N.D. Dept. of Transportation, et al.
2003 ND 67 Highlight: A judgment affirming a Central Personnel Division order upholding a Department of Transportation decision to terminate an employee is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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State v. Norman
2003 ND 66
Highlight: The DNA database sampling requirements in N.D.C.C. 31-13-03 apply (1) to persons convicted after July 31, 2001, of a listed felony offense; and (2) to persons incarcerated after July 31, 2001, as a result of a conviction for one of the listed offenses. |
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Spagnolia v. Monasky, et al.
2003 ND 65
Highlight: A contract is ambiguous when rational arguments can be made for different interpretations. |
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Koapke v. Herfendal, et al.
2003 ND 64
Highlight: A referring physician does not have a duty to obtain a patient's informed consent unless the referring physician formally prescribed or performed the procedure. |
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Bachmeier v. Workers Comp. et al.
2003 ND 63
Highlight: A claimant who files a reapplication seeking a resumption of discontinued disability benefits must prove an actual wage loss caused by a significant change in the compensable medical condition. |
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Henry v. Securities Commissioner (Consolidated w/20020156 & 20020157)
2003 ND 62 Highlight: An order of the Securities Commissioner denying a motion to dismiss a cease and desist order is not a final order under the Administrative Agencies Practice Act and is not appealable. |
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Lanners, et al. v. Johnson, et al.
2003 ND 61 Highlight: When a plaintiff presents a prima facie case for child custody modification, an evidentiary hearing must be held. |
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Argabright v. Rodgers, et al.
2003 ND 59
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. |
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Cannaday v. Cannaday
2003 ND 58
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. |
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City of Bismarck v. Stockert (Consolidated w/20020332 & 20020333)
2003 ND 57 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). |
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City of Devils Lake v. Alford
2003 ND 56 Highlight: Denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Schmidt v. Schmidt
2003 ND 55
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. |
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Disciplinary Board v. Schoppert
2003 ND 54 Highlight: Interim suspension of lawyer ordered. |
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Lawrence v. Delkamp (CON w/20020291)
2003 ND 53 |
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Skjervem v. Minot State Univ.
2003 ND 52 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. |
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Questa Resources, et al. v. Stott, et al.
2003 ND 51 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. |
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Grinnell Mutual Reinsurance Co. v. Center Mutual Ins. Co.
2003 ND 50
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. |
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Judicial Vacancy in District Judgeship No. 7, East Central District
2003 ND 49 Highlight: Court orders Judgeship No. 7, with chambers in Hillsboro, East Central Judicial District, be retained and filled. |
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Amyotte v. Rolette Co. Housing Authority
2003 ND 48
Highlight: A landlord's duty to protect others from harm by an animal on the premises arises only when the landlord knows that the animal is dangerous and presents an unreasonable risk of harm. |