Opinions

State v. Jones 2002 ND 163
Docket No.: 20020104
Filing Date: 10/15/2002
Case Type: Appeal - Criminal - Misc. Felony
Author: Neumann, William

Highlight: Without a showing of excusable neglect, a trial court's denial of a request for an extension of time to file a notice of appeal is not an abuse of discretion.

Kimball v. Landeis, et al. 2002 ND 162
Docket No.: 20020100
Filing Date: 10/15/2002
Case Type: Appeal - Civil - Personal Injury
Author: Maring, Mary

Highlight: Summary judgment is not appropriate in a negligence action if the disputed facts and permissible inferences from those facts are such that reasonable persons could reach different conclusions from those facts and inferences.
Under N.D.R.Civ.P. 4(b)(2)(c), personal service upon an individual for whom a guardian has been appointed is accomplished by serving the individual's guardian.
Absent valid service of process, actual knowledge of a lawsuit is insufficient to effectuate personal jurisdiction over a defendant.
For equitable tolling of a statute of limitations, a plaintiff must have several legal remedies and reasonably and in good faith pursue one of the remedies, thereby tolling the limitation for the other remedies.

Gross v. N.D. Dept. of Human Services 2002 ND 161
Docket No.: 20020086
Filing Date: 10/15/2002
Case Type: Appeal - Civil - Administrative Proceeding
Author: Sandstrom, Dale

Highlight: A decision by the Department of Human Services to place a medicaid recipient in the lock-in program is an appealable order.

Huntress, et al. v. Griffey 2002 ND 160
Docket No.: 20020063
Filing Date: 10/15/2002
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: When the trial court's findings of fact are inadequate, an appellate court is unable to properly review the trial court's decision.

Quamme v. Bellino 2002 ND 159
Docket No.: 20020024
Filing Date: 10/15/2002
Case Type: Appeal - Civil - Divorce - Property
Author: Maring, Mary

Highlight: When there has been an initial award of spousal support, the district court retains jurisdiction to modify the award at least as long as the spousal support continues.
The party seeking a change of spousal support bears the burden of showing a material change in circumstances warranting a modification.
Absent modifying language in the support award, the obligee is entitled to spousal support from the obligor's estate if the obligor predeceases the obligee.

Argenziano v. State 2002 ND 158
Docket No.: 20020101
Filing Date: 10/15/2002
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Summary judgment dismissing a breach of contract claim is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (6).

J.B. v. M.R. (CONFIDENTIAL) 2002 ND 157
Docket No.: 20020072
Filing Date: 10/15/2002
Case Type: Appeal - Civil - Paternity
Author:

Highlight: Custody judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Guthmiller 2002 ND 156
Docket No.: 20020088
Filing Date: 10/15/2002
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: The trial court's forfeiture order is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Disciplinary Board v. Butz 2002 ND 155
Docket No.: 20020210
Filing Date: 10/15/2002
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended from the practice of law for 30 days.

Interest of R.O. (CONFIDENTIAL) 2002 ND 154
Docket No.: 20020228
Filing Date: 9/20/2002
Case Type: Appeal - Civil - Mental Health
Author: Sandstrom, Dale

Highlight: Less than 24 hours notice before an involuntary commitment hearing is inadequate notice to permit preparation for the hearing.