Opinions

Mondry v. Mondry 2000 ND 216
Docket No.: 20000207
Filing Date: 12/21/2000
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: Judgment valuing and distributing marital property and awarding attorney fees is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4).

State v. Lee 2000 ND 215
Docket No.: 20000171
Filing Date: 12/21/2000
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Judgment of conviction for the felony offense of bail jumping is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Lawrence v. Delkamp (CONSOLIDATED W/20000151) 2000 ND 214
Docket No.: 20000061
Filing Date: 12/12/2000
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Under N.D.C.C. 14-09-06.2(1)(j), threats can constitute domestic violence for purposes of restricting visitation only if they constitute the infliction of fear of imminent physical harm.

Matrix Properties, Corp. v. TAG Investments, et al. (cross-ref. w/990336) 2000 ND 213
Docket No.: 20000192
Filing Date: 12/12/2000
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: District court's post-judgment order summarily affirmed under N.D.R.App.P. 35.1 (a)(1).

State v. Glass 2000 ND 212
Docket No.: 20000126
Filing Date: 12/12/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: DUI is a strict liability offense for which a jury instruction on culpability is not required.
Failure to preserve an objection or make an offer of proof precludes a later assertion of error unless a defendant establishes obvious error affecting the defendant's substantial rights. Obvious error is recognized only with extreme caution.

Syvertson v. Malaktaris, et al. 2000 ND 211
Docket No.: 20000146
Filing Date: 12/11/2000
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Judgment dismissing a complaint under Rule 12(b), N.D.R.Civ.P., is summarily affirmed under N.D.R.App.P. 35.1.

Nodak Mutual Farm Bur. v. Kosmatka, et al. 2000 ND 210
Docket No.: 20000213
Filing Date: 12/7/2000
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: N.D.R.Civ.P. 54(b) allows final judgment adjudicating fewer than all claims or the rights and liabilities of fewer than all parties in multiparty litigation.
Rule 54(b) certification requires a showing of extraordinary circumstances or that unusual hardship will result in the absence of review.
Rule 54(b) certification is improper when subsequent proceedings in the trial court may render the appellate review moot.

Schultze v. Continental Ins. Co. 2000 ND 209
Docket No.: 20000135
Filing Date: 12/7/2000
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: When several claims are made against an insured, an insurer has a duty to defend the entire lawsuit if there is potential liability or a possibility of coverage for one of the claims.

Interest of W.E., et al. (CONFIDENTIAL)(Consolidated w/20000079 & 20000080) 2000 ND 208
Docket No.: 20000078
Filing Date: 12/7/2000
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Sandstrom, Dale

Highlight: To terminate parental rights, a three-part test must be satisfied by clear and convincing evidence: (1) the child is deprived; (2) the conditions and causes of deprivation are likely to continue; and (3) the child is suffering or will suffer serious physical, mental, moral, or emotional harm.
Review of a termination proceeding is similar to a trial de novo, with appreciable weight afforded to the juvenile court's decision.

Jones v. Barnett 2000 ND 207
Docket No.: 20000140
Filing Date: 12/7/2000
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: An action to rescind a quitclaim deed is barred by the statute of limitations when the seller fails to submit evidence she did not discover until years later she had been fraudulently induced to convey the property, when her own pleadings indicate knowledge of material facts accruing beyond the six-year limit for fraud claims.
The statute of frauds invalidates oral contracts for an interest in real property, and a contract action based on an alleged contract collateral to a quitclaim deed is barred by the statute of limitations when the alleged contract was executed beyond the six-year limit for contract actions.