Opinions

Dufner v. Dufner 2002 ND 47
Docket No.: 20010163
Filing Date: 3/12/2002
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: If the evidence establishes one of the grounds for divorce, it is not necessary for the court to make findings on other available grounds.
For the purposes of determining a child support obligation, temporary income is included in the obligor's gross income.
Primary caretaker status does not enjoy paramount status in a child custody determination.

Dalan v. Paracelsus Healthcare Corp. 2002 ND 46
Docket No.: 20010269
Filing Date: 3/12/2002
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: When a party fails to establish the existence of a factual dispute on an essential element of his claim, on which he will bear the burden of proof at trial, summary judgment is appropriate.
A claim for unjust enrichment does not apply when an express contract exists.

Opp v. Ward Co. Social Services Bd., et al. 2002 ND 45
Docket No.: 20010199
Filing Date: 3/12/2002
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: Assets are actually available for Medicaid eligibility purposes when the applicant has a legal interest in a liquidated sum and has the ability through reasonable legal means to attempt to make the sum available for support.

Henderson v. Director, N.D. Dept. of Trans. 2002 ND 44
Docket No.: 20010222
Filing Date: 3/12/2002
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: The Supreme Court exercises a limited review in appeals involving drivers' license suspensions or revocations.
Reliability and accuracy of an Intoxilyzer test result is established by demonstrating compliance with the methods adopted by the state toxicologist.

State v. Schmidt 2002 ND 43
Docket No.: 20010166
Filing Date: 3/12/2002
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Neumann, William

Highlight: Absent an offer of proof to support the claim, a trial court does not err in denying a motion in limine for a jury instruction on an affirmative defense of innocent mistake of fact.

Wahl v. Country Mutual Ins. Co., et al. 2002 ND 42
Docket No.: 20010262
Filing Date: 3/12/2002
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: The statutory requirement that an insurer give at least ten days notice of cancellation of a commercial insurance policy during the term of the policy does not require an insurer to provide notice of cancellation when the policy term expires.
The statutory requirement that an insurer give at least thirty days notice of intent not to renew a commercial insurance policy does not require an insurer to provide a notice of nonrewal when a policy term expires and the insured has not paid a renewal premium.

State v. Morrison 2002 ND 41
Docket No.: 20010105
Filing Date: 3/12/2002
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Judgment of conviction for assaulting a police officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Aipperspach 2002 ND 40
Docket No.: 20010142
Filing Date: 3/12/2002
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Denial of motion to suppress and judgment of conviction for abuse of child in violation of N.D.C.C. 14-09-22 summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Dennison v. N.D. Dept. of Human Serv. 2002 ND 39
Docket No.: 20010250
Filing Date: 2/22/2002
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: The State's recorded homestead statement for old age assistance benefits under N.D.R.C. 50-0707 (1943) affects the right or interest of the State in land in North Dakota under the exception to the Marketable Record Title Act in N.D.C.C. 47-19.1-11(2).
In a quiet title action, parties claiming an interest in a tract of land are entitled to an adjudication of the extent, validity, superiority, and priority of their claims to the land.

Gruebele, et al. v. Geringer 2002 ND 38
Docket No.: 20010149
Filing Date: 2/22/2002
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: A claimant's action to quiet title based on adverse possession will fail when the claimant is unable to prove hostile, exclusive, and continuous possession for the statutorily required time.