Opinions

Gale v. ND Bd. of Podiatric Medicine 2001 ND 141
Docket No.: 20010032
Filing Date: 7/30/2001
Case Type: Appeal - Civil - Administrative Proceeding
Author: Maring, Mary

Highlight: A party to an administrative proceeding may waive the right to an appeal.

Lapp v. ND Dept. of Transportation 2001 ND 140
Docket No.: 20010040
Filing Date: 7/25/2001
Case Type: Appeal - Administrative - Department of Transportation
Author: Neumann, William

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.
Community caretaking justifies law enforcement contact without reasonable suspicion of unlawful conduct.

Rodenburg, et al. v. Fargo-Moorhead Y.M.C.A., et al. 2001 ND 139
Docket No.: 20000279
Filing Date: 7/23/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

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.
A motion for a new trial is addressed to the sound discretion of the trial court.
If nonresidents purposely direct their activities toward North Dakota, a North Dakota court may be justified in exercising personal jurisdiction over them.
Under North Dakota's comparative fault law, "fault" includes negligent and intentional conduct; a negligent tortfeasor's conduct is compared with an intentional tortfeasor's conduct, and their liability is several, not joint, with each being liable only for the amount of damages attributable to that party.

Selzler v. Selzler 2001 ND 138
Docket No.: 20000247
Filing Date: 7/20/2001
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

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.
The credibility of witnesses, including expert witnesses, and the weight to be given their testimony are questions of fact subject to the clearly erroneous standard of review.
A presumption against awarding custody to a parent who has sexually abused a child arises if the abuse resulted in serious bodily injury, involved the use of a dangerous weapon, or constituted a pattern within a reasonable time proximate to the proceeding.

Interest of R.O., et al. (CONFIDENTIAL)(CONSOLIDATED W/20000307) 2001 ND 137
Docket No.: 20000305
Filing Date: 7/20/2001
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Sandstrom, Dale

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.
Constitutional issues may not be raised for the first time on appeal.
Under federal law, upon a finding of good cause, a trial court may order disclosure of information about a person's alcohol or drug treatment at a federally assisted facility, but the court must restrict disclosure to essential matters.

State v. Heitzmann (Cross-Ref. w/20000312) 2001 ND 136
Docket No.: 20010017
Filing Date: 7/20/2001
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: There is no automatic-search rule for companions of an arrestee.
If an outside clothing pat-down search reveals the presence of an object of a size and density that reasonably suggests the object might be a weapon, the searching officer is entitled to continue the search to the inner garments where the object is located in order to determine whether the object is in fact a weapon.
A more intrusive Terry search may be constitutionally permissible when the detainee attempts to prevent an officer from performing an effective pat-down.
Officers are entitled to use the forcible means reasonably necessary to effectuate the detentive goals of investigation, maintenance of the status quo, or officer safety.

State v. Kelly 2001 ND 135
Docket No.: 20000293
Filing Date: 7/20/2001
Case Type: Appeal - Criminal - Assault
Author: Neumann, William

Highlight: Inmate disciplinary proceedings and the resulting consequences are civil in nature.
Erroneously admitted evidence that is cumulative to other properly admitted evidence is not prejudicial, does not affect substantial rights of the parties, and is harmless error.

Name Change of State Bar Board to Board of Law Examiners 2001 ND 134
Docket No.: 20010181
Filing Date: 7/20/2001
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

State v. Holte, et al. 2001 ND 133
Docket No.: 20010029
Filing Date: 7/20/2001
Case Type: Original Proceeding - Criminal - Writ of Certiorari
Author: VandeWalle, Gerald

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.

State v. Miller 2001 ND 132
Docket No.: 20000337
Filing Date: 7/20/2001
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

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.
A trial court does not abuse its discretion when it excludes evidence which would have been merely cumulative of abundant other evidence establishing a fact.
As long as the defendant and witness are present in the courtroom and their view of each other is not physically obstructed, the Confrontation Clause is not violated by allowing the witness to testify while facing away from the defendant.

Kraft v. ND State Board of Nursing 2001 ND 131
Docket No.: 20000320
Filing Date: 7/20/2001
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

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.
A registered nurse's refusal to submit to chemical testing, as required by employer policy, violates nursing standards.
A registered nurse's conviction for simple assault, without evidence of rehabilitation, violates nursing standards and relates adversely to the practice of nursing.
After participating in an adjudicative hearing in a position adversarial to the claimant, an agency's counsel improperly communicates with the agency if the communications regarding an issue in the proceeding are without notice and opportunity for all parties to participate.

US Bank v. Arnold 2001 ND 130
Docket No.: 20010071
Filing Date: 7/13/2001
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

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.
Relief from default judgment is extraordinary; a party seeking to disturb the finality of default judgment bears a heavy burden of proving the district court abused its discretion. To vacate default judgment, the moving party must present evidence connecting allegations of a medical condition, a busy schedule, or familial illness with excusable neglect.

Interest of P.M., et al. (CONFIDENTIAL) 2001 ND 129
Docket No.: 20000263
Filing Date: 7/13/2001
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Juvenile court's order terminating parental rights summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Matrix v. TAG Investments (Cross-ref. w/990336, 20000192 & 20000356) 2001 ND 128
Docket No.: 20010060
Filing Date: 7/13/2001
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

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.

Interest of T.K. (Consolidated w/20000329) 2001 ND 127
Docket No.: 20000328
Filing Date: 7/10/2001
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

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.
When the mental and physical health of a child are the concerns, it is not enough that a mother indicates a desire to improve, and her failure to cooperate with social service assistance programs is a relevant factor in terminating parental rights.

Heyen v. State 2001 ND 126
Docket No.: 20000310
Filing Date: 7/10/2001
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

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.

Anderson v. Meyer Broadcasting Co. 2001 ND 125
Docket No.: 20000322
Filing Date: 7/10/2001
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Sandstrom, Dale

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.
An employee alleging disparate treatment sex discrimination under the Human Rights Act must identify specific instances in which persons situated similarly in all relevant aspects were treated differently.
An employee alleging retaliatory discharge bears the burden of showing she engaged in protected activity, her employer took adverse action against her, and there was a causal connection between her protected activity and the employer's adverse action.

Hoverson v. Hoverson 2001 ND 124
Docket No.: 20000227
Filing Date: 7/10/2001
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: Economic misconduct requires misconduct which results in waste of marital assets or reduction of the net marital estate.
A trial court must provide sufficient explanation for its property distribution to permit a reviewing court to determine the basis for its distribution.
In calculating an obligor's deduction from net income for tax obligations, a hypothetical federal income tax obligation specified in the child support guidelines must be used..

Myer, et al. v. Rygg 2001 ND 123
Docket No.: 20000257
Filing Date: 7/10/2001
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

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.
If an expert's knowledge, training, education, and experience will assist the trier of fact, the expert need not be a specialist in a highly particularized field or have a formal title or particular license.
The trial court has wide discretion to determine an appropriate sanction for violation of discovery rules.

Berg v. Dakota Boys Ranch Assoc. 2001 ND 122
Docket No.: 20000301
Filing Date: 7/10/2001
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Neumann, William

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.
A party raising an argument in a summary judgment motion but abandoning the argument at trial has not preserved the issue for appellate review.
A trial court does not err in admitting a release into evidence if the release was offered for a purpose other than proving liability or the amount of the claim.

Flattum-Riemers v. Peters-Riemers (CONFIDENTIAL) 2001 ND 121
Docket No.: 20000349
Filing Date: 7/10/2001
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

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.
A trial court may allow the filing of affidavits and documents less than 24 hours before a hearing.
Denial of a continuance because of the absence of a material witness is proper when the moving party does not show what the witness would testify to if present, or that the facts desired cannot be proven by other available witnesses, and when there is no showing of diligence to secure the testimony of the witness by deposition or personal appearance at trial.

State v. Schneeweiss 2001 ND 120
Docket No.: 20000295
Filing Date: 7/10/2001
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

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.
Non-indigent defendants also have the right to court-appointed counsel, at their own expense, if they are unable to secure the assistance of counsel.
A trial court has discretion to substitute appointed counsel if a defendant shows good cause for the substitution.
A trial court has discretion to determine whether to grant a continuance of trial to change counsel and may consider the time required for trial preparation and the diligence of the moving party.
Defendants may voluntarily waive their right to counsel, or their conduct may be the functional equivalent of a voluntary waiver, but the waiver must be made knowingly and intelligently.

Tweit v. Erickson 2001 ND 119
Docket No.: 20010055
Filing Date: 7/10/2001
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Braunagel v. City of Devils Lake 2001 ND 118
Docket No.: 20000342
Filing Date: 7/10/2001
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

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.
Government regulation of land use constitutes a "taking" for public use only when the owner has been deprived of all or substantially all reasonable uses of the property.

State v. Jensen (Consolidated w/20010013 & 20010014) 2001 ND 117
Docket No.: 20010012
Filing Date: 7/10/2001
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

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).

Trade 'N Post, L.L.C. v. World Duty Free Americas, Inc, et al. 2001 ND 116
Docket No.: 20000176
Filing Date: 6/14/2001
Case Type: Certified Question - Civil - Civil
Author: Sandstrom, Dale

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.
The party urging an implied right of action bears the burden of proof to establish the legislature intended to create the remedy.
There is no implied private right of action for damages under the Unfair Discrimination Law, N.D.C.C. ch. 51-09, or the Unfair Trade Practices Law, N.D.C.C. ch. 51-10.
A common law tort claim for unlawful interference with business is recognized in this state.
The elements of a claim for unlawful interference with business are: (1) the existence of a valid business relationship or expectancy; (2) knowledge by the interferer of the relationship or expectancy; (3) an intentional and wrongful act of interference; (4) proof that the interference caused the harm sustained; and (5) actual damages to the plaintiff.
In order to recover for unlawful interference with business, the plaintiff must prove that the interfering conduct was independently tortious or in violation of statute.

Demarce v. State (CONSOLIDATED W/20000304) 2001 ND 115
Docket No.: 20000303
Filing Date: 6/13/2001
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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).

Stutsman Co. v. Westereng, et al. 2001 ND 114
Docket No.: 20000308
Filing Date: 6/8/2001
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: VandeWalle, Gerald

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."
Disclosure of information to a base-period employer who is a party to a claim is necessary "for the proper presentation of a claimant's claim" under the North Dakota Unemployment Compensation Law.

Corbett v. Corbett 2001 ND 113
Docket No.: 20000291
Filing Date: 6/8/2001
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

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.
Spousal support in an amount to negate child support is inappropriate.
Only court-ordered visitation can be considered in deciding whether there is extended visitation which justifies a downward deviation in the presumptively correct amount of child support.

T.F. James Co. v. Vakoch (cross-ref. w/990223) 2001 ND 112
Docket No.: 20010021
Filing Date: 6/8/2001
Case Type: Appeal - Civil - Landlord/Tenant
Author: Sandstrom, Dale

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.
Assignment of a different judge on remand requires balancing numerous competing interests. Reassignment is unnecessary if the integrity of the district court is preserved, litigants are protected from bias, and allegations of bias do not affect fair administration of the law.

Interest of A.B. (CONFIDENTIAL) 2001 ND 111
Docket No.: 20010016
Filing Date: 6/8/2001
Case Type: Appeal - Criminal - Juvenile Law
Author: Neumann, William

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.

Moen, et al. v. Thomas, et al. (CROSS-REFERENCE W/20000169) 2001 ND 110
Docket No.: 20000111
Filing Date: 6/8/2001
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: The existence of an attorney-client relationship is ordinarily a question of fact.

Johnson v. Johnson 2001 ND 109
Docket No.: 20000309
Filing Date: 6/8/2001
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

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.
An irregularity in proceedings that will justify a new trial is one that prevents a party from having a fair trial.

Demming v. Demming 2001 ND 108
Docket No.: 20000363
Filing Date: 6/8/2001
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

State v. Abnar (CONSOLIDATED w/20000288) 2001 ND 107
Docket No.: 20000287
Filing Date: 6/8/2001
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

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).

State v. Aune (cross-ref. w/20020106) 2001 ND 106
Docket No.: 20000294
Filing Date: 6/8/2001
Case Type: Appeal - Criminal - Other
Author: Per Curiam

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).

State v. Schwartz 2001 ND 105
Docket No.: 20000339
Filing Date: 6/8/2001
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

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).

Jorgenson, et al. v. Agway, Inc. 2001 ND 104
Docket No.: 20000300
Filing Date: 5/25/2001
Case Type: Certified Question - Civil - Civil
Author: VandeWalle, Gerald

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.

Larson v. Norkot Manufacturing, et al. 2001 ND 103
Docket No.: 20000321
Filing Date: 5/24/2001
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

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.
To trigger the running of the statute of limitations, a plaintiff need not fully appreciate the potential liability or be convinced of his or her injury, but need only know enough to be on notice of a potential claim.

Remmick v. Whitman, et al. 2001 ND 102
Docket No.: 20000364
Filing Date: 5/24/2001
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

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.

Triple Quest, Inc. v. Cleveland Gear Co., Inc. 2001 ND 101
Docket No.: 20000281
Filing Date: 5/24/2001
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

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.
When an interest has been transferred during an action, the transferee need not be substituted or joined as a party to have standing to pursue an appeal.

Estate of Schmidt (cross-ref. w/970183) 2001 ND 100
Docket No.: 20000258
Filing Date: 5/24/2001
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author:

Highlight: Appeal of eleven orders in probate case summarily affirmed under N.D.R.App.P. 35.1(a)(1) (appeal is frivolous and completely without merit).

State ex rel. Olson v. Harrison, et al. 2001 ND 99
Docket No.: 20000282
Filing Date: 5/22/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Maring, Mary

Highlight: The State has not consented to suit without proper service of process.
Where no official with authority to accept service of process for the State was served in accordance with N.D.R.Civ.P. 4, the State has not been properly served.
When a tribal court does not have personal jurisdiction over the State, the tribal court's order is not appropriate for recognition as a matter of comity.
When a tribal court's order is not appropriate for recognition as a matter of comity, the State is not required to exhaust remedies available in tribal court.

Christl v. Swanson (Cross-Ref. W/19990256) 2001 ND 98
Docket No.: 20000315
Filing Date: 5/22/2001
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Under the Child Support Guidelines, prior to the August 1, 1999 amendments, the district court could deduct from an obligor's adjusted gross income business costs actually incurred and paid, but not expensed for internal revenue purposes.

Eaton v. State 2001 ND 97
Docket No.: 20010003
Filing Date: 5/22/2001
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: A criminal defendant waives nonjurisdictional defects by entering a knowing and voluntary guilty plea.
Violations of the Interstate Agreement on Detainers Act that do not deprive the district court of personal jurisdiction are waived by a guilty plea.
The burden of proving a basis for post-conviction relief rests on the petitioning defendant.

Sollin, et al. v. Wangler, et al. 2001 ND 96
Docket No.: 20000284
Filing Date: 5/22/2001
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: A trial court should give an ultimate-outcome instruction informing the jury how its liability apportionment will affect an award of damages if the instruction is properly requested and the instruction will not confuse or mislead the jury.

Moen, et al. v. Thomas, et al. (CROSS-REFERENCE W/20000111) 2001 ND 95
Docket No.: 20000169
Filing Date: 5/22/2001
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: Statements of assent to an alleged oral contract are not hearsay but constitute a verbal act.
Parties to a lease may by mutual consent terminate, alter, or amend their agreement.

Rask, et al. v. Nodak Mutual Ins. Co. 2001 ND 94
Docket No.: 20000311
Filing Date: 5/22/2001
Case Type: Appeal - Civil - Insurance
Author: Neumann, William

Highlight: In determining whether a vehicle is an underinsured motor vehicle, only the policy insuring that motor vehicle is considered.

Schuck v. Montefiore Public School Dist. No. 1 2001 ND 93
Docket No.: 20000299
Filing Date: 5/22/2001
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: Employees are required to exhaust available administrative remedies prior to pursuing their claim in court.

State v. Rue 2001 ND 92
Docket No.: 20000317
Filing Date: 5/22/2001
Case Type: Appeal - Criminal - Other
Author: Sandstrom, Dale

Highlight: Arrests for probation violations may be made by court order or on probable cause.
A probation violator, detained on a court order of apprehension for probation violations, is detained "pursuant to" conviction of an offense, and escape from such detention is a felony offense.
Due process requires the State to prove, beyond a reasonable doubt, every element of an offense.

McDowell, et al. v. Gillie, et al. 2001 ND 91
Docket No.: 20000269
Filing Date: 5/22/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: Stopping at the scene of an accident and inquiring whether any assistance is needed can constitute the rendering of aid and assistance within the meaning of the Good Samaritan Act.
Generally, issues involving the reasonable person standard and a person's subjective state of mind are inappropriate for disposition by summary judgment.

James, et al. v. Griffin, et al. 2001 ND 90
Docket No.: 20000216
Filing Date: 5/22/2001
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Once prior acquiescence of a boundary has been destroyed by a nonacquiescent possession, the 20-year period for establishing acquiescence begins running anew.

Kinzley v. Kinzley 2001 ND 89
Docket No.: 20000277
Filing Date: 5/7/2001
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: The trial court's judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Fox v. Fox (cross-ref. w/980198) 2001 ND 88
Docket No.: 20000231
Filing Date: 5/4/2001
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: A choice between two permissible views of the evidence is not clearly erroneous when the trial court's findings are based either on physical or documentary evidence or inferences from other facts or on credibility determinations.
A court's valuation of marital property is dependent upon the evidence presented by the parties.

Estate of Murphy, et al. v. Maus, et al. 2001 ND 87
Docket No.: 20000180
Filing Date: 5/3/2001
Case Type: Appeal - Civil - Malpractice
Author: Sandstrom, Dale

Highlight: To prevail in a legal malpractice action, a plaintiff must establish the attorney's malpractice proximately caused damage to the plaintiff.

Disciplinary Board v. Howe 2001 ND 86
Docket No.: 20000341
Filing Date: 5/3/2001
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: An attorney is appropriately suspended from the practice of law for 120 days when the hearing panel has found clear and convincing evidence of professional conduct violations involving lack of diligence, communication, and expediting litigation, as well as a disciplinary history of five prior disciplinary sanctions.
Prior discipline is not remote, but is relevant as an aggravating factor when the prior incidents establish a pattern of misconduct.
Disciplinary counsel may reasonably bill attorney fees at $75 per hour, which may be assessed against the attorney whose misconduct warranted the imposition of discipline.

Davis v. State 2001 ND 85
Docket No.: 20000335
Filing Date: 5/1/2001
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: A trial court is authorized to resentence a defendant who violates conditions of probation to any sentence that was initially available. Resentencing a defendant to a harsher sentence than his original sentence imposed does not violate double jeopardy or due process.

State v. Ellis (Cross-reference w/20000006) 2001 ND 84
Docket No.: 20000092
Filing Date: 5/1/2001
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: A defendant seeking a change of venue under N.D.R.Crim.P. 21 has the burden of establishing a reasonable likelihood of prejudice so pervasive that a fair and impartial jury cannot be selected in the county of original venue.
Except under N.D.C.C. 12.1-17-02(4), which involves firing a firearm or hurling a destructive device at another human being, aggravated assault is not a lesser included offense of attempted murder.
In sentencing a defendant, a trial court may consider a conviction that was pending appeal during the sentencing hearing.

Interest of C.R.C. (CONFIDENTIAL) 2001 ND 83
Docket No.: 20000286
Filing Date: 5/1/2001
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Kapsner, Carol

Highlight: Termination of parental rights is appropriate when the State proves by clear and convincing evidence that a child is deprived and the deprivation is not due primarily to a lack of financial resources; the causes and conditions of the deprivation will likely continue or will not be remedied; and the child is suffering, or will probably suffer, serious physical, mental, moral, or emotional harm from the deprivation.

State v. Paulson, et al. 2001 ND 82
Docket No.: 20000302
Filing Date: 5/1/2001
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Kapsner, Carol

Highlight: The failure of the parents of an injured person "incapacitated by the injury from giving the notice" to present the director of the office of management and budget a notice of claim within 180 days of discovery of the injury does not preclude the injured person from suing the State.

ND Fair Housing Council, Inc., et al. v. Peterson, et al. (CON w/20000197) 2001 ND 81
Docket No.: 20000130
Filing Date: 5/1/2001
Case Type: Appeal - Civil - Constitutional Law
Author: Sandstrom, Dale

Highlight: Attorney General's opinions interpreting statutes do not bind the Court but will be followed if persuasive. Attorney General's opinions are afforded even greater consideration when they have been impliedly adopted by the legislature.
Refusing to rent to an unmarried couple because they are seeking to cohabit is not unlawful under the discriminatory housing practices provision of the North Dakota Human Rights Act.

Praus, et al. v. Mack, et al. 2001 ND 80
Docket No.: 20000106
Filing Date: 5/1/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: A trial court may grant parties on a side of litigation additional peremptory challenges if they have essentially adverse or antagonistic interests.
An expert witness may not be permitted to express an opinion if the facts disclosed by the evidence are such that it may be assumed the jury is capable of understanding them and arriving at its own conclusion.
A trial court's failure to instruct the jury about the violation of a safety regulation is not prejudicial error, if the complaining party had the opportunity to argue the theory to the jury and the instructions given allowed for a finding of negligence if the jury believed the complaining party's evidence.
Jury instructions on legal principles which illustrate how negligence law is applied in a specific situation are not indispensable if the parties are allowed to argue their theory of the case and the instructions given adequately inform the jury of the law.
One or more jurors in a civil case making an improper unauthorized visit to the scene of the accident is not prejudicial in the absence of a showing it influenced the verdict.

Young v. Johnson 2001 ND 79
Docket No.: 20000336
Filing Date: 5/1/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Appeal from district court order granting summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Yantzer v. Yantzer 2001 ND 77
Docket No.: 20000324
Filing Date: 5/1/2001
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Trial court's order denying a motion for change of custody is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. McHugh 2001 ND 76
Docket No.: 20000354
Filing Date: 5/1/2001
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction for gross sexual imposition based on a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3),(4).

Halvorson v. Halvorson 2001 ND 75
Docket No.: 20000290
Filing Date: 5/1/2001
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Judgment denying a motion for reconsideration of a child support order is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Minar v. Minar 2001 ND 74
Docket No.: 20000179
Filing Date: 4/17/2001
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A court errs as a matter of law when it fails to comply with the requirements of the child support guidelines in determining an obligor's child support obligation.
Under the child support guidelines, an obligor's ability to pay child support is not determined solely upon actual income, but also takes into account the obligor's earning capacity.
The child support guidelines must be applied using common sense and in consideration of the circumstances.
A court may delay payment of a portion of child support when the obligor's income is temporarily reduced.
Every child support order entered in this state must address health insurance coverage for the child.

Dahlberg v. Lutheran Social Services, et al. 2001 ND 73
Docket No.: 20000152
Filing Date: 4/17/2001
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Maring, Mary

Highlight: An employer is not contractually bound to follow a progressive discipline policy where an employee handbook and the progressive discipline policy, construed as a whole, preserved the employment at-will presumption.
A plaintiff claiming intentional infliction of emotional distress must show extreme and outrageous conduct that exceeds all possible bounds of decency.
A prima facie case for retaliatory discharge requires an employee to show the employee has engaged in protected activity, the employer took adverse action against the employee, and the existence of a causal connection between the employee's protected activity and the employer's adverse action.
To be protected activity, an employee's report of a violation or suspected violation of law must be made for the purpose of exposing an illegality, and the reporter's purpose must be assessed at the time the report is made.

Wright v. ND Workers Comp. Bureau 2001 ND 72
Docket No.: 20000292
Filing Date: 4/17/2001
Case Type: Appeal - Administrative - Workers Compensation
Author: Neumann, William

Highlight: Under the Administrative Agencies Practice Act, N.D.C.C. ch. 28-32, information or evidence that has not been offered, admitted, and made a part of the official record of the proceeding generally is not considered by the administrative agency. N.D.C.C. 28-32-06(2).
An injured employee who has undergone vocational rehabilitation is responsible for making a good faith work search.
To be eligible for partial disability benefits, an injured employee must provide evidence of a loss of earning capacity.

Interest of D.N., D.N., C.N., Children (CONFIDENTIAL)(Consol. w/20000235) 2001 ND 71
Docket No.: 20000234
Filing Date: 4/12/2001
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

Highlight: When there has been an extensive period in which efforts have been made to overcome inabilities to effectively parent, the courts cannot allow the children to remain in an indeterminative status midway between foster care and the obvious need for permanent placement.

Dowhan v. Brockman, et al. 2001 ND 70
Docket No.: 20000249
Filing Date: 4/12/2001
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: The question of who is a prevailing party for an award of disbursements is a question of law, subject to de novo review, while the question of the amounts to be allowed for disbursements is one of fact, subject to an abuse-of-discretion standard of review.
A prevailing party for an award of disbursements is one who prevails on the merits of the main issue.

Hentz v. Hentz 2001 ND 69
Docket No.: 20000239
Filing Date: 4/12/2001
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Past unreasonable behavior in withholding contact between the noncustodial parent and the child is a relevant fact for the trial court to weigh in considering the custodial parent's motion to relocate to another state.

Interest of M.S. (CONFIDENTIAL) 2001 ND 68
Docket No.: 20000183
Filing Date: 4/12/2001
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

Highlight: To terminate the parental rights for an Indian child, the Indian Child Welfare Act requires proof beyond a reasonable doubt that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
To terminate parental rights for an Indian child, the Indian Child Welfare Act requires proof by clear and convincing evidence that there were active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and those efforts were unsuccessful.
When cultural bias is not implicated in parental termination proceedings, the requirement of qualified expert witness testimony under the Indian Child Welfare Act can be met with testimony of a professional person having substantial education and experience in the area of his or her speciality even though that professional does not have specific experience or knowledge of Indian customs, tradition, or culture.

Midwestern Enterprises, Inc. v. Stenehjem 2001 ND 67
Docket No.: 20000168
Filing Date: 4/12/2001
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: "Gambling apparatus" means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any gambling activity, whether that activity consists of gambling between persons, or gambling by a person involving the playing of a machine.
"Coin-operated gaming device" means any machine that is a so-called "slot" machine that operates by means of the insertion of a coin, token, or similar object and which, by application of the element of chance, may deliver, or entitle the person playing or operating the machine to receive cash, premiums, merchandise, or tokens.

State v. Duchene 2001 ND 66
Docket No.: 20000209
Filing Date: 4/11/2001
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: Misleading statements made knowingly and intentionally or with reckless disregard are stricken from an affidavit in support of search warrant, and the affidavit's remaining contents are examined to determine whether that information is sufficient to establish probable cause.

State v. Klein 2001 ND 65
Docket No.: 20000285
Filing Date: 4/11/2001
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Appeal from criminal judgment and commitment following a jury verdict of guilty is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

State v. Axtman 2001 ND 64
Docket No.: 20000262
Filing Date: 4/11/2001
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Judgment of conviction for gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Disciplinary Board v. Keller 2001 ND 63
Docket No.: 20010068
Filing Date: 3/28/2001
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Peters-Riemers v. Riemers 2001 ND 62
Docket No.: 20000145
Filing Date: 3/23/2001
Case Type: Appeal - Civil - Other
Author: Neumann, William

Highlight: Error may not be predicated upon the erroneous exclusion of evidence unless a substantial right of the party is affected.
Only a willful violation of a protection order results in penalty.
An issue not presented to the trial court will not be considered for the first time on appeal.

Albrecht v. Metro Area Ambulance, et al. (Cross Ref. w/19970319) 2001 ND 61
Docket No.: 20000226
Filing Date: 3/20/2001
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: It is inappropriate to bring a motion for judgment as a matter of law, under N.D.R.Civ.P. 50(a), in a bench trial.
A court can award damages for pain and suffering, mental anguish, and other noneconomic losses even though the plaintiff has not introduced evidence of economic damages, such as loss of earnings or medical expenses.

Horsley v. ND Workers Comp., et al. 2001 ND 60
Docket No.: 20000237
Filing Date: 3/20/2001
Case Type: Appeal - Administrative - Workers Compensation
Author: Sandstrom, Dale

Highlight: Before a valid judgment can be entered, an order for judgment is required.
An appeal may be taken from a judgment entered without an order for entry of judgment if the trial court intended to dispose of the case and intended that a judgment be entered and if an order for judgment is implicit in the trial court's memorandum opinion.

Interest of A.L. and J.L. (CONSOLIDATED w/20000218-20000220) 2001 ND 59
Docket No.: 20000217
Filing Date: 3/20/2001
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Sandstrom, Dale

Highlight: Counsel's unsupported statements about children's potential eligibility for enrollment in a particular Indian tribe and other unknown Indian tribes are insufficient to trigger provisions of the Indian Child Welfare Act that require notice of termination proceedings to an Indian child's tribe.
Evidence of past deprivation alone is not enough to terminate parental rights, and prognostic evidence is necessary to determine continued or future deprivation.

Overboe v. Farm Credit Services of Fargo, et al. 2001 ND 58
Docket No.: 20000236
Filing Date: 3/20/2001
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: The two-year statute of limitations for actions against licensed insurance agents is retroactive and applies to causes of action occurring before July 31, 1995.
A single reference to due process in one sentence of a brief, made in connection with an argument about legislative intent, is insufficient to challenge the constitutional validity of a statute.

State v. Schmitt 2001 ND 57
Docket No.: 20000037
Filing Date: 3/20/2001
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: If a court finds false statements in an affidavit supporting a search warrant, the court must find whether those statements were included intentionally or with reckless disregard for the truth and must evaluate probable cause accordingly.
The mere recitation of testimony is not equivalent to a finding of fact.
Conclusory findings of fact which state a party has failed in the burden of proof are inadequate.

Ritter, Laber & Assoc., et al. v. Koch Oil, et al.(cross reference w/990204) 2001 ND 56
Docket No.: 20000224
Filing Date: 3/20/2001
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Neumann, William

Highlight: A trial court has broad discretion to certify an action as a class action under N.D.R.Civ.P. 23.
As a class action progresses and the parties develop evidentiary facts, a trial court may redefine, subclassify, or decertify a previously certified class action.

Disciplinary Board v. Hawkins 2001 ND 55
Docket No.: 20000233
Filing Date: 3/20/2001
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: An attorney who is disciplined in another jurisdiction is also subject to reciprocal discipline in North Dakota if admitted to practice law in North Dakota, regardless of whether the attorney currently is licensed to practice law in North Dakota.
Reciprocal discipline shall be identical in this state, unless the proceedings in the jurisdiction initiating the discipline lack due process or proof of misconduct, or unless identical punishment would result in grave injustice or the misconduct warrants substantially different discipline.
An attorney is not denied due process in disciplinary proceedings if there is adequate notice of the charges and an opportunity to be heard.
Imposing identical reciprocal discipline is not a grave injustice when an attorney is not licensed in North Dakota and does not intend to reapply for licensure.

Rogstad v. Dakota Gasification Co. 2001 ND 54
Docket No.: 20000242
Filing Date: 3/20/2001
Case Type: Appeal - Civil - Personal Injury
Author: Neumann, William

Highlight: An employer who retains the right to control the method, manner, and operative detail of an independent contractor's work is subject to liability for physical harm to employees of the independent contractor for whose safety the employer owes a duty to exercise reasonable care.
An employer's duty to exercise reasonable care for the employee of an independent contractor may arise through express contractual provisions retaining the right to control some part of the operative details of the independent contractor's work or through the employer's actual exercise of retained control of the work.

Estate of Dion 2001 ND 53
Docket No.: 20000178
Filing Date: 3/20/2001
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Kapsner, Carol

Highlight: An assertion that an action is one against a political subdivision and that prospective jurors are taxpayers of the political subdivision is insufficient in itself to effect a change of venue.
A court has no power to order a person to execute a will.
For the issue of undue influence to be submitted to a jury, the evidence must create more than just a mere suspicion of undue activity.
A will contestant has the burden of proving testamentary incapacity by a preponderance of the evidence.
An award of attorney fees for a frivolous claim lies within the sound discretion of the trial court.

Global Acquisitions, LLC v. Broadway Park Limited Partnership, et al. 2001 ND 52
Docket No.: 20000132
Filing Date: 3/20/2001
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: In a bench trial, the court must make findings of fact and conclusions of law sufficient to enable the appellate court to understand the factual determination and the basis for the conclusions of law and the judgment entered.
Reliance on the conduct of the party against whom equitable estoppel is asserted must be reasonable, and there must be some form of affirmative deception by that party.

McPhee, et al. v. Tufty, et al. 2001 ND 51
Docket No.: 20000047
Filing Date: 3/20/2001
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: Whether the family car doctrine applies depends on the totality of the circumstances, and is a question of fact for the trier of fact to decide.
In deciding whether a vehicle was "used" by an insured when a third party was actually driving the insured's vehicle, courts analyze two factors: (1) whether the vehicle was under the supervision and control of the insured; and (2) whether the vehicle was being operated to serve a purpose of the insured.
Coverage of a newly acquired vehicle is automatic if notice is given within 30 days of its acquisition.

Dvorak v. State 2001 ND 50
Docket No.: 20000352
Filing Date: 3/20/2001
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An appeal from denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Knudson 2001 ND 49
Docket No.: 20000238
Filing Date: 3/20/2001
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The trial court's denial of a motion to suppress and its judgment of conviction for driving under suspension are summarily affirmed under N.D.R.App.P. 35.1(7).

Fetch v. Quam, et al. (cross ref. 940257) 2001 ND 48
Docket No.: 20000256
Filing Date: 3/7/2001
Case Type: Appeal - Civil - Personal Injury
Author: Kapsner, Carol

Highlight: Summary judgment is appropriately granted when there is no genuine issue of material fact that an insurer acted in bad faith by intervening in a lawsuit to defend its own interests against its insured under an uninsured motorist provision in the insurance policy or by investigating and refusing to settle a claim by its insured which is fairly debatable as to liability.

Lukenbill, et al. v. Fettig 2001 ND 47
Docket No.: 20000184
Filing Date: 3/5/2001
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: In setting a child support obligation, the district court must clearly set forth how it arrived at the amount of the obligor's income and level of support.
A court may allocate income tax dependency exemptions, and its allocation is reviewable under a "clearly erroneous" standard of review.
When determining the existence or nonexistence of a parent-child relationship, a court may order parties to pay costs in the proportions it determines, and may award reasonable attorney fees based on the agreement of the parties or for a frivolous claim.

Hall Family Living Trust v. Mutual Service Life Ins. Co. 2001 ND 46
Docket No.: 20000188
Filing Date: 3/5/2001
Case Type: Appeal - Civil - Contracts
Author: Neumann, William

Highlight: An application for insurance stating the policy does not take effect until delivery creates no insurance contract until the policy is delivered.
The scope of an agent's authority to bind a principal is a question of fact which ordinarily is inappropriate for summary judgment.

Lohstreter v. Lohstreter (cross-ref. w/970130) 2001 ND 45
Docket No.: 20000094
Filing Date: 3/5/2001
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: When the circumstances are appropriate, rehabilitative spousal support may continue after the remarriage of the disadvantaged spouse.
A trial court may impute income to an obligor of child support only if the obligor is unemployed or underemployed.

State v. Berger 2001 ND 44
Docket No.: 20000174
Filing Date: 3/5/2001
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: Absent actual prejudice, violation of the statutory right to consult with counsel before submitting to an Intoxilyzer test is properly challenged by a motion to suppress the results of the test, rather than a motion to dismiss the charge.
A defendant must be provided a reasonable opportunity to make long distance telephone calls to consult with an attorney, if the defendant pays for the call and it does not interfere with valid testing.

Tibor v. Tibor (Cross-reference w/970372 & 990020) 2001 ND 43
Docket No.: 20000040
Filing Date: 3/5/2001
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: The presumptively correct child support guidelines are rebutted by a preponderance of the evidence establishing a noncustodial parent's reduced ability to provide support due to visitation travel expenses and a downward deviation from the guidelines is in the best interests of the children. Until the guidelines define a "reduced ability to pay," an affidavit from the noncustodial parent testifying as to net income and anticipated travel expenses is sufficient rebuttal evidence. A trial court may use its discretion to determine whether visitation travel expenses may be deducted directly from the child support payments or from the noncustodial parent's gross monthly income to calculate net income for the purpose of determining the appropriate child support obligation, as the guidelines do not provide a method for calculating the deviation.
The child support guidelines may be rebutted by evidence of travel expenses for only court-ordered visitations, not for discretionary visitation travel expenses.

State v. Keeney 2001 ND 42
Docket No.: 20000255
Filing Date: 3/5/2001
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Conviction for delivery of a controlled substance is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Kopp v. Kopp 2001 ND 41
Docket No.: 20000200
Filing Date: 2/21/2001
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: Rule 60(b)(vi), N.D.R.Civ.P., authorizes the trial court, in its discretion, to provide relief from a judgment when the movant demonstrates it would be manifestly unjust to enforce the judgment.