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On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.

6291 - 6300 of 12358 results

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.

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