Opinions

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.

Grey Bear v. ND Dept. of Human Services, et al. 2002 ND 139
Docket No.: 20010241
Filing Date: 8/23/2002
Case Type: Appeal - Civil - Other
Author: Neumann, William

Highlight: The statutory assignment granted to the Department of Human Services from a recipient of Medicaid benefits is for any third-party recovery a recipient may have for an injury, but is limited to the amount of medical costs provided by the Department for that injury.
A trial court does not abuse its discretion by refusing to delete an amendment to a judgment that was originally requested by the party seeking to delete the amendment.
A trial court lacks personal jurisdiction over a party when the party was neither served with a summons, nor made a voluntary general appearance.

Hoffman v. ND Workers Comp. Bureau, et al. 2002 ND 138
Docket No.: 20010310
Filing Date: 8/22/2002
Case Type: Appeal - Administrative - Workers Compensation
Author: Neumann, William

Highlight: The Workers Compensation Bureau has an obligation to explain its disregard of evidence favorable to a claimant.
A willful failure to give a maximum consistent effort during a functional capacity evaluation can constitute an act of noncompliance with vocational rehabilitation.

U.S. Bank v. Koenig, et al. 2002 ND 137
Docket No.: 20020038
Filing Date: 8/20/2002
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: Grants in a deed are interpreted in favor of the grantee, except a reservation in any grant is interpreted in favor of the grantor.
Repugnant words in a deed must be reconciled by interpreting the deed in a manner that gives effect to the repugnant clause subordinate to the general intent and purpose of the deed.