Opinions

ND Workers Comp. Bureau, et al. v. General Investment Corp., et al. 2000 ND 196
Docket No.: 20000116
Filing Date: 12/7/2000
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Maring, Mary

Highlight: Section 38-09-01, N.D.C.C., generally reserves fifty percent of all oil, natural gas, or minerals whenever the State transfers land owned by the State.
The Workers Compensation Bureau may adjust or compromise claims upon defaults in the payment of premiums or premium installments.
A quitclaim deed executed by the State reflecting a compromise and a settlement releasing the Workers Compensation Bureau's doubtful claim to land, and does not reflect a sale resulting in a transfer of land.

Schumacher v. Schumacher (Cross-ref. w/990016) 2000 ND 195
Docket No.: 20000155
Filing Date: 12/7/2000
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: Spousal support and child support order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Disciplinary Board v. Robb (Cross-reference w/ 20000096) 2000 ND 194
Docket No.: 20000259
Filing Date: 11/1/2000
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Attorney ordered disbarred.

Lake Region Lutheran Home, Inc. v. Halvorson, et al. 2000 ND 193
Docket No.: 20000120
Filing Date: 11/1/2000
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: An appeal from a trial court's judgment dismissing a motion to vacate judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) (the trial court did not abuse its discretion).

Center Mutual Insurance Co. v. Thompson 2000 ND 192
Docket No.: 20000118
Filing Date: 10/31/2000
Case Type: Appeal - Civil - Insurance
Author: Neumann, William

Highlight: Terms of an insurance policy are given their ordinary, usual, and commonly accepted meaning.
The absence of a definition in an insurance policy in and of itself does not establish ambiguity or mean the issue is automatically resolved in favor of the insured.
The existence of an employment relationship is ordinarily a question of fact.

Belisle v. Gibson, et al. 2000 ND 191
Docket No.: 20000125
Filing Date: 10/31/2000
Case Type: Appeal - Civil - Personal Injury
Author: Per Curiam

Highlight: The trial court's denial of a motion for a new trial and its judgment entered on a jury verdict finding defendants not liable in a personal injury action are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Kautzman v. Kautzman (Cross ref. w/980004, 990328 & 990386) 2000 ND 190
Docket No.: 20000083
Filing Date: 10/30/2000
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: When a party executes on a money judgment to secure a division of property, the debtor is not entitled to an exemption for life insurance policies or annuities.
A trial court may enforce an equitable lien by whatever means appropriate to do justice between the parties.
If a party cannot demonstrate prejudice resulting from an allegedly defective notice, there is no right to redress.

Farstveet, et al. v. Rudolph, et al. 2000 ND 189
Docket No.: 20000044
Filing Date: 7/10/2001
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: Abandonment of the homestead must be established by clear and convincing evidence that the debtor voluntarily departed from the homestead and left without the intent to return and occupy it as a home.
A creditor cannot set aside as fraudulent a transfer of homestead property that the debtor could have claimed as exempt.
Property which is encumbered by valid liens exceeding the value of the property is not an asset within the meaning of the Uniform Fraudulent Transfer Act and is not subject to a fraudulent transfer.

State v. Loh 2000 ND 188
Docket No.: 20000095
Filing Date: 10/26/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: An officer has probable cause justifying a vehicle stop, based on evidence of a traffic violation, which is not invalidated when an officer subjectively suspects another offense.
Following a vehicle for five miles before initiating an investigatory stop does not invalidate the probable cause justifying the vehicle stop.

Schaefer, et al. v. Souris River Telecom., et al. 2000 ND 187
Docket No.: 20000011
Filing Date: 10/26/2000
Case Type: Appeal - Civil - Personal Injury
Author: Neumann, William

Highlight: A stipulation as to foundation does not eliminate a trial court's discretion to reject evidence on grounds of relevance.
Allowing a party to read the deposition of an opposing party's witness into evidence is not necessarily an abuse of discretion.
Denying a motion for new trial brought on the ground a party abused discovery by failing to provide a document relating to liability is not an abuse of discretion when liability is not at issue in the trial.