Opinions
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6201 - 6300 of 12418 results
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Heick v. Erickson
2001 ND 200 Highlight: In reviewing the denial of an application for a writ of certiorari, the Supreme Court does not delve into the merits of the trial court's decision but only determines whether the lower court exceeded its jurisdiction in acting. |
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Judicial Vacancy in the Northwest Judicial District
2001 ND 199 Highlight: Judgeship moved from Northwest to East Central Judicial District. |
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Disciplinary Board v. Dooley
2001 ND 198 Highlight: Lawyer suspended from the practice of law for 30 days |
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Security State Bank of ND v. Orvik
2001 ND 197 Highlight: The exception to the requirement to file crop liens applies to crop-share agreements and not to cash rent leases, and gives a landlord with an unrecorded crop-share agreement priority against subsequent purchasers or encumbrancers up to the landlord's share of the crops. |
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State v. Gates (Cross-ref. w/940388)
2001 ND 196 Highlight: The trial court's denial of a motion to deem a class C felony theft conviction to be a misdemeanor under N.D.C.C. 12.1-32-02(9) is summarily affirmed under N.D.R.App.P. 35.1(a). |
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Gaab v. Ochsner (CONFIDENTIAL)
2001 ND 195 Highlight: A party is not required to prove actual or imminent domestic violence in order to obtain an extension of an existing protection order. |
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State v. Clark
2001 ND 194
Highlight: Failure to file a transcript may prevent a party from being successful on appeal. |
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Toni v. Toni
2001 ND 193 Highlight: Agreements by divorcing parties to divest the trial court of jurisdiction to modify the amount and term of spousal support, which are adopted and incorporated into the divorce decree, are enforceable. |
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Bellefeuille v. Bellefeuille
2001 ND 192
Highlight: A trial court does not abuse its discretion in denying a motion for relief from judgment, when the motion was made twenty-one years after the judgment was filed. |
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Sommer v. Sommer
2001 ND 191
Highlight: Permanent spousal support may be awarded when a marriage has been of long duration and the dependant spouse has health problems or is of such an age that adequate rehabilitation is unlikely. |
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State v. Kensmoe
2001 ND 190
Highlight: A trial court acts within its statutory authority when extending a defendant's probationary period following a restitution hearing. |
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State v. Martin
2001 ND 189 Highlight: To be convicted of continual sexual abuse of a child, one must be shown to have engaged in three or more sexual acts or contacts during a period of three months or more. This period has no maximum time limit. |
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Bell v. State
2001 ND 188
Highlight: A trial court may deny appointment of counsel for an indigent post-conviction applicant who is able to file an application without assistance, if the application, read in the light most favorable to the applicant, does not raise any substantial issue of law or fact. |
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Lenthe Investments v. Service Oil, et al.
2001 ND 187
Highlight: Mutual assent to a contract is determined by the words of the contract and the parties' objective manifestations of assent. |
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Fortis Benefits Ins. Co. v. Hauer
2001 ND 186
Highlight: If the language of an insurance policy is clear and explicit, the language should not be strained in order to impose liability upon the insurer. |
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Gleich v. Gleich
2001 ND 185 |
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State v. Johnson (Consolidated w/20010026 & 20010027)
2001 ND 184
Highlight: Lack of criminal responsibility is not an affirmative defense, and the nonexistence of the defense is an element of the offense which the State must prove beyond a reasonable doubt. |
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Interest of D.R., et al. (CONFIDENTIAL)(Consolidated w/20010099)
2001 ND 183 Highlight: In deciding whether to terminate parental rights, the court can give substantial credence to evidence indicating a pattern of conduct by a parent that forms a basis for reasonable prediction the deprivation of the child is likely to continue and result in serious physical, mental, or emotional harm. |
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DeCoteau v. Nodak Mutual Insurance Co. (Cross-reference w/19990100)
2001 ND 182 Highlight: When a named plaintiff whose individual claim becomes moot has not even moved for class action certification prior to evaporation of his personal stake in the lawsuit, the plaintiff may not avail himself of the class action exception to the mootness doctrine. |
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Hellerud v. ND Dept. of Transportation
2001 ND 181 Highlight: Judgment of the district court affirming the decision of the Department of Transportation to revoke appellant's driver's license for refusing to submit to an on-site chemical screening test is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Chadwick v. N.D. Dept. of Transportation
2001 ND 180 Highlight: A police officer has reasonable grounds to believe a person is in actual physical control of a vehicle when that person is found conscious in the driver's seat of an idling vehicle. |
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Alerus Financial v. Lamb, et al. (CONSOLIDATED W/20010178)
2001 ND 179 Highlight: Summary judgments granting foreclosure of mortgages on rental properties are summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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Dvorak v. Dvorak
2001 ND 178
Highlight: Trial courts may decline to consider arguments raised for the first time on a motion for reconsideration when those arguments could have been raised in earlier proceedings. |
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Trottier v. Bird
2001 ND 177 Highlight: When a court lacks subject matter jurisdiction, it must dismiss the action under Rule 12(h)(3). |
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McDowell v. McDowell
2001 ND 176
Highlight: Spousal support determinations must be made in light of the income and needs of the disadvantaged spouse and of the supporting spouse's needs and ability to pay. |
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City of Fargo v. Ellison
2001 ND 175
Highlight: Police should not be placed in a worse position then they occupied before the illegal search occurred. |
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Voge v. Schnaidt
2001 ND 174 Highlight: An action for damages for an injury received in a collision of two boats on Lake Sakakawea is governed by the three-year statute of limitations in federal law, rather than the six-year limitation in state law. |
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State v. Lynch
2001 ND 173 Highlight: The introduction of the state toxicologist's list of approved designations medically qualified to draw blood is a foundational requirement for the introduction of blood test results. |
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Farmers Elevator, Inc. of Grace City v. Custom Processors, Inc.
2001 ND 172 Highlight: Judgment in a contract action summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Bell v. State
2001 ND 171 Highlight: Denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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Klein v. ND Workers Comp. Bureau, et al.
2001 ND 170 Highlight: The time period to file a claim for worker's compensation benefits begins on the first day a reasonable person, not learned in medicine, knew or should have known that the injury was work related. |
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Schmidt v. Ward Co. S.S.B., et al. (CONSOLIDATED W/2001114)
2001 ND 169
Highlight: A conservatorship is a legal device similar to a trust under the law for determining medicaid eligibility. |
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Dakota Partners v. Glopak, Inc., et al.
2001 ND 168 Highlight: A contract provision prohibiting "offset" is not a waiver of the defense of fraud in the procurement of the contract. |
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Twogood v. Wentz, et al.
2001 ND 167
Highlight: Satisfaction of a cost judgment after an execution has been issued does not bar an appeal to reverse a summary judgment on the merits. |
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Shiek v. ND Workers Comp., et al. (Cross-reference w/970333)
2001 ND 166 Highlight: Under the 1991 version of N.D.C.C. 65-05-09.3, claimants who become permanently and totally disabled on or before their intended retirement are eligible for disability benefits after that date. |
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City of Fargo v. Gullekson
2001 ND 165 Highlight: If the police have reasonable and articulable suspicion a vehicle is owned by a driver whose license is suspended, and have reasonable and articulable suspicion the owner was driving the vehicle, an investigatory stop could be made to determine if the crime of driving with a suspended license is being committed. |
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State v. Gleeson
2001 ND 164 Highlight: Conviction for driving under suspension based on a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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City of West Fargo v. Ross
2001 ND 163 Highlight: If the police have a reasonable and articulable suspicion a certain moving vehicle belongs to a driver whose license is suspended, and the police have a reasonable and articulable suspicion the owner was driving the vehicle, an investigatory stop can be made to determine if the crime of driving with a suspended license is being committed. |
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Davison v. Wanner
2001 ND 162 Highlight: The trial court's dismissal of this civil damages action for failure of proof summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Ballard
2001 ND 161 Highlight: Judgment of conviction for two counts of aggravated assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Stockert v. Stockert
2001 ND 160 Highlight: Denial of motion for change of custody is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Jensen (Cross-Ref. w/20010012, 13 & 14)
2001 ND 159 Highlight: Criminal conviction for failure to appear after release - bail jumping summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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Disciplinary Board v. Gronneberg
2001 ND 158 Highlight: Lawyer suspended from the practice of law for one year following any application by him for licensure of an inactive attorney under Admission to Practice R. 7. |
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Dickson v. Dickson (cross-ref. w/960237)
2001 ND 157
Highlight: A custodial parent proposing a move to another state is not required to first seek employment outside the general area. |
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Warner and Company v. Solberg
2001 ND 156
Highlight: North Dakota's restraint of business statute prohibits an excessive restraint on a person's exercise of a lawful profession, trade, or business. |
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Estate of Zimmerman (Consolidated w/20010002)
2001 ND 155
Highlight: Under the probate law in effect before January 1996, a surviving spouse's property is includable in the decedent's augmented estate to the extent the property was derived from the decedent without full consideration in money or money's worth. |
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Rose v. United Equitable Ins. Co., et al.
2001 ND 154
Highlight: A fraud action is not barred by the passage of time until six years after discovery of the facts constituting the fraud. |
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State v. Bouck (CONSOLIDATED W/20000347-20000348)(cross-ref. 20010045-46)
2001 ND 153 Highlight: When the law prescribes a place of imprisonment to which a convicted defendant can be sentenced, the court cannot direct a different place of incarceration, and, if it does, the sentence is void and the defendant is entitled to resentencing. |
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Doan, et al. v. City of Bismarck, et al.
2001 ND 152
Highlight: Summary judgment rarely should be granted in negligence cases because issues involving reasonableness standards generally are inappropriate for summary disposition. |
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McKenzie Co. Social Service Bd., et al. v. C.G. (CONFIDENTIAL)
2001 ND 151
Highlight: A judgment entered without personal or subject matter jurisdiction is void. |
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State v. Wiest
2001 ND 150
Highlight: Without an objection to testimony at trial, appellate review is limited to determining if its admission constituted obvious error affecting substantial rights. |
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Higgins v. Trauger (Consolidated w/20010074)
2001 ND 149
Highlight: When a failure to timely redeem from a tax sale is attributable in part to the neglect of the redemptioner, and not wholly to a mistake made by the county auditor, equitable principles do not apply to extend the redemption period. |
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Stoppler v. Stoppler
2001 ND 148
Highlight: An award of custody is a finding of fact, which will not be disturbed on appeal unless clearly erroneous. |
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Heinz v. Heinz
2001 ND 147
Highlight: A lengthy marriage supports an equal division of all marital assets. |
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State v. Shafer-Imhoff
2001 ND 146
Highlight: Application of N.D.C.C. 1-02-17 to eliminate the punishment of imprisonment for a criminal statute that was repealed after the criminal act was committed but before conviction, is not an invalid pardon. |
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Farmers Alliance Mutual Ins. Co. v. Hulstrand Construction, Inc.
2001 ND 145
Highlight: Absent concerted action, there is no third-party claim for contribution among tortfeasors under North Dakota law. |
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Eggl v. Letvin Equipment Co.
2001 ND 144
Highlight: A trial court's determinations on questions of breach of warranty are treated as findings of fact subject to the clearly erroneous standard of N.D.R.Civ.P. 52(a). |
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Interest of N.H., et al. (CONFIDENTIAL)
2001 ND 143
Highlight: Prognostic evidence is a basis for reasonable predictions about future behavior when determining whether a child's deprivation is likely to continue or will not be remedied. Prognostic evidence includes reports and opinions of professionals. |
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Interest of H.G. (CONFIDENTIAL)
2001 ND 142
Highlight: A district court's involuntary commitment order is reviewed under a more probing clearly erroneous standard. |
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Gale v. ND Bd. of Podiatric Medicine
2001 ND 141 Highlight: A party to an administrative proceeding may waive the right to an appeal. |
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Lapp v. ND Dept. of Transportation
2001 ND 140
Highlight: In determining whether an officer had a reasonable and articulable suspicion to justify an investigatory stop, the test is whether a reasonable person in the officer's position would be justified by some objective manifestation in suspecting potential criminal activity. |
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Rodenburg, et al. v. Fargo-Moorhead Y.M.C.A., et al.
2001 ND 139
Highlight: In reviewing a jury's findings, the evidence is viewed in the light most favorable to the verdict and the court determines only if substantial evidence supports it. |
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Selzler v. Selzler
2001 ND 138
Highlight: A court, for good cause, may excuse a custody investigator from attending the entire proceedings, but only if the court makes reasonable accommodations to preserve the parties' right to examine the investigator in light of all of the testimony given. |
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Interest of R.O., et al. (CONFIDENTIAL)(CONSOLIDATED W/20000307)
2001 ND 137
Highlight: In a parental-rights-termination proceeding alleging reports of child abuse or neglect, N.D.C.C. 50-25.1-10 abrogates the physician-patient and psychotherapist-patient privilege in N.D.R.Ev. 503. |
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State v. Heitzmann (Cross-Ref. w/20000312)
2001 ND 136
Highlight: There is no automatic-search rule for companions of an arrestee. |
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State v. Kelly
2001 ND 135
Highlight: Inmate disciplinary proceedings and the resulting consequences are civil in nature. |
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Name Change of State Bar Board to Board of Law Examiners
2001 ND 134 |
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State v. Holte, et al.
2001 ND 133 Highlight: It is an affirmative defense to the strict liability crime of violating a domestic violence protection order that the defendant's acts were innocent or mistaken. |
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State v. Miller
2001 ND 132
Highlight: A trial court does not abuse its discretion or violate the defendant's right to present a defense when it excludes hearsay evidence about a dream the child-victim had about another male relative. |
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Kraft v. ND State Board of Nursing
2001 ND 131
Highlight: An agency's findings of fact are reviewed to determine if a reasoning mind reasonably could have determined the findings were proven by the weight of the evidence from the entire record. |
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US Bank v. Arnold
2001 ND 130
Highlight: Whether a telephone call is an appearance entitling a defendant to eight days' notice before a hearing on an application for default judgment is generally a question of law, fully reviewable on appeal. When the nature, content, and purpose of the call is disputed, underlying factual questions are reviewed for clear error. |
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Interest of P.M., et al. (CONFIDENTIAL)
2001 ND 129 Highlight: Juvenile court's order terminating parental rights summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Matrix v. TAG Investments (Cross-ref. w/990336, 20000192 & 20000356)
2001 ND 128 Highlight: Post-judgment orders summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (7), and double costs awarded under N.D.R.App.P. 38 and 39. |
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Interest of T.K. (Consolidated w/20000329)
2001 ND 127
Highlight: Parents' fundamental and natural rights to their children are of constitutional dimension, but they are not absolute, and parents must at least provide care to their children that satisfies the minimum community standards. |
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Heyen v. State
2001 ND 126 Highlight: An application for post-conviction relief is denied if the same claims have been fully and finally determined in a previous post-conviction proceeding. It is a misuse of process to raise issues in a subsequent post-conviction application which could have been raised in the initial application. |
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Anderson v. Meyer Broadcasting Co.
2001 ND 125
Highlight: An employee alleging age discrimination under the North Dakota Human Rights Act must establish she is at least forty years old and persons under forty years old were treated more favorably. |
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Hoverson v. Hoverson
2001 ND 124
Highlight: Economic misconduct requires misconduct which results in waste of marital assets or reduction of the net marital estate. |
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Myer, et al. v. Rygg
2001 ND 123
Highlight: A trial court's decision on qualification of a witness as an expert will not be reversed on appeal unless it was an abuse of discretion. |
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Berg v. Dakota Boys Ranch Assoc.
2001 ND 122
Highlight: If summary judgment is denied, the proper procedure is to move for judgment as a matter of law at the close of the evidence, and the denial of that motion may be reviewed on appeal. |
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Flattum-Riemers v. Peters-Riemers (CONFIDENTIAL)
2001 ND 121
Highlight: A request for district court review of a judicial referee's findings and order need not specifically recite every issue raised before the referee to preserve those issues for appellate review. |
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State v. Schneeweiss
2001 ND 120
Highlight: Defendants have the right to court-appointed counsel at public expense in all felony cases and in all non-felony cases, unless the sentence upon conviction will not include imprisonment, only if they are eligible under the guidelines governing indigency. |
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Tweit v. Erickson
2001 ND 119 |
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Braunagel v. City of Devils Lake
2001 ND 118
Highlight: Although declaratory and injunctive relief are available to challenge a city's failure to comply with the statutory requirements for annexation of property, they may not be used to test the wisdom of the annexation decision. |
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State v. Jensen (Consolidated w/20010013 & 20010014)
2001 ND 117 Highlight: Criminal convictions for driving under revocation, driving under the influence, and false report to law enforcement summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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Trade 'N Post, L.L.C. v. World Duty Free Americas, Inc, et al.
2001 ND 116
Highlight: In determining whether there is an implied private right of action under a state statute, the Court should consider whether the plaintiff is one of the class for whose especial benefit the statute was enacted, whether there is any indication of legislative intent to create such a remedy, and whether it is consistent with the underlying purposes of the legislative scheme to imply such a remedy. |
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Demarce v. State (CONSOLIDATED W/20000304)
2001 ND 115 Highlight: Appeal from denial of post-conviction relief and motion to reduce sentence is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (6). |
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Stutsman Co. v. Westereng, et al.
2001 ND 114
Highlight: A Job Service appeal, in which a base-period employer does not have access to pertinent information available to the other party, does not afford the appellant a fair hearing and is not "conducted in such manner as to ascertain the substantial rights of the parties." |
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Corbett v. Corbett
2001 ND 113
Highlight: A trial court's child custody decision and property distribution are findings of fact which will not be reversed on appeal unless clearly erroneous. |
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T.F. James Co. v. Vakoch (cross-ref. w/990223)
2001 ND 112
Highlight: In a commercial lease, a provision providing for payment of attorney fees in the event of breach is enforceable and does not violate public policy. |
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Interest of A.B. (CONFIDENTIAL)
2001 ND 111 Highlight: If juvenile delinquency proceedings are begun in a court other than in the county of the child's residence, that court must transfer the proceedings for disposition to the juvenile court of the county of the child's residence, if the child has been adjudicated delinquent and other proceedings involving the child are pending in that court. |
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Moen, et al. v. Thomas, et al. (CROSS-REFERENCE W/20000169)
2001 ND 110 Highlight: The existence of an attorney-client relationship is ordinarily a question of fact. |
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Johnson v. Johnson
2001 ND 109
Highlight: A finding by the trial court as to future intentions of a party is not affected by a subsequent decision by that party to engage in conduct contrary to the finding, and the subsequent conduct does not constitute grounds for a new trial on the basis of newly discovered evidence. |
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Demming v. Demming
2001 ND 108 |
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State v. Abnar (CONSOLIDATED w/20000288)
2001 ND 107 Highlight: Judgments of conviction for possession of drug paraphernalia and possession of a controlled substance with intent to deliver are summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Aune (cross-ref. w/20020106)
2001 ND 106 Highlight: The trial court's judgment of conviction for a violation of N.D.C.C. 12.1-10-05 is affirmed under N.D.R.App.P. 35.1(a)(1). |
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State v. Schwartz
2001 ND 105 Highlight: Jury verdict of guilty on two counts of misdemeanor sexual assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4). |
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Jorgenson, et al. v. Agway, Inc.
2001 ND 104 Highlight: North Dakota's Consumer Fraud Act, N.D.C.C. ch. 51-15, applies to a farmer who purchases confection sunflower seed for use in cultivating a sunflower crop for subsequent sale and who alleges the seed is defective and marketed in violation of the Act. |
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Larson v. Norkot Manufacturing, et al.
2001 ND 103
Highlight: The discovery rule tolls the statute of limitations in malpractice actions until the plaintiff knows, or with reasonable diligence should know, of the injury, its cause, and the defendant's possible negligence. |
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Remmick v. Whitman, et al.
2001 ND 102 Highlight: The interest of a recorded mineral deed grantee, who is not a named party in a subsequent action to foreclose a mortgage on the real property, is not affected by the foreclosure action. |
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Triple Quest, Inc. v. Cleveland Gear Co., Inc.
2001 ND 101
Highlight: An order dismissing an action without prejudice on the ground that jurisdiction or venue is proper in another state based on a contractual forum selection clause is appealable. |