Opinions

Disciplinary Board v. Keller (CROSS-REF. w/ 20010305, 20020018-20020020) 2002 ND 149
Docket No.: 20010227
Filing Date: 9/9/2002
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Attorney disbarred.

Rose v. United Equit. Ins. Co., et al.(CONSOL.w/20020095) 2002 ND 148
Docket No.: 20020094
Filing Date: 9/3/2002
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Maring, Mary

Highlight: The trial court has broad discretion in determining whether to certify a class action under N.D.R.Civ.P. 23.
Class certification is not automatically precluded by the existence of individual issues which will remain after the common questions of law and fact have been resolved.
To certify a class, the trial court must find that the representative parties will fairly and adequately protect the interests of the class.

Abel v. Allen 2002 ND 147
Docket No.: 20020069
Filing Date: 8/29/2002
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: A cause of action accrues when the right to commence it comes into existence, when it can be brought in a court of law without being subject to dismissal for failure to state a claim.
A cause of action for breach of a lease accrues upon the first breach.

Bender, et al. v. Beverly Anne, Inc., et al. 2002 ND 146
Docket No.: 20010280
Filing Date: 8/29/2002
Case Type: Appeal - Civil - Contracts
Author: Neumann, William

Highlight: Under N.D.R.Civ.P. 60(a), errors in a judgment or order arising from oversights or omission may be corrected by the court at any time of its own initiative or on the motion of any party.
While a prior judgment may be set aside upon a N.D.R.Civ.P. 60(b) motion for relief from a judgment, N.D.R.Civ.P. 60(b) may not be used to impose additional affirmative relief in addition to the relief contained in the prior judgment.

State v. Yineman 2002 ND 145
Docket No.: 20010279
Filing Date: 8/29/2002
Case Type: Appeal - Criminal - Other
Author: VandeWalle, Gerald

Highlight: To challenge a conviction based on the weight of the evidence, a defendant must make an appropriate motion to adequately preserve the issue for appeal.
To preserve the issue of sufficiency of the evidence for review, a defendant in a criminal jury trial must move for a judgment of acquittal under N.D.R.Crim.P. 29, although no motion for a judgment of acquittal is necessary in a bench trial.

Boehm v. Boehm 2002 ND 144
Docket No.: 20010318
Filing Date: 8/29/2002
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: The decision to grant or deny a motion for continuance is within the trial court's discretion, and its determination will not be overturned absent an abuse of discretion.
A trial court's marital property valuations within the range of evidence are not clearly erroneous.
In setting the child support obligation, a trial court uses the most recent information available.

State v. Berger 2002 ND 143
Docket No.: 20010303
Filing Date: 8/29/2002
Case Type: Appeal - Criminal - Other
Author: Neumann, William

Highlight: The beginning date of a probationary term is determined by the intent of the sentencing court as expressed in the language that created the probationary status.
A condition of probation capable of more than one construction is to be construed in favor of the offender.

City of Fargo v. Wonder 2002 ND 142
Docket No.: 20010263
Filing Date: 8/29/2002
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Neumann, William

Highlight: When questioning of a suspect does not arise in a "booking" setting, is related to an element of the suspected crime, and is reasonably likely to elicit an incriminating response, the "booking exception" to Miranda does not apply.
The administration of a breath test to determine alcohol consumption is a search.
Only items actually in the record may be included in the appendix on appeal.

Comstock Construction, Inc. v. Sheyenne Disposal, Inc. 2002 ND 141
Docket No.: 20010281
Filing Date: 8/29/2002
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: A trial court's denial of a motion for new trial on the basis of sufficiency of the evidence is reviewed under the abuse-of-discretion standard.
N.D.R.Civ.P. 6(e), which authorizes the addition of three days whenever a party has a set period to do an act after service of notice or other paper by mail, applies to the time for commencing and filing an action after a written demand is served on a lienholder.

Mr. G's Turtle Mountain Lodge v. Roland Township, et al. 2002 ND 140
Docket No.: 20010202
Filing Date: 8/23/2002
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: An attempted appeal from a judgment that has been voluntarily paid and formally satisfied of record fails for lack of jurisdiction.
Summary judgment is appropriate when a party fails to establish the existence of a material factual dispute on an essential element of his claim on which he will bear the burden of proof at trial.
A communication is not libelous if the language used is not fairly susceptible of a defamatory meaning.