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6381 - 6390 of 12446 results

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.

Anderson v. Jacobson 2001 ND 40
Docket No.: 20000064
Filing Date: 2/21/2001
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: A jury special verdict will be set aside on appeal only if it is perverse and contrary to the evidence.
The court on appeal will reconcile alleged inconsistent findings of a jury by examining both the law of the case and the evidence to determine whether the verdict is logical and probable.
Unopposed jury instructions become the law of the case.

Runge v. Runge 2001 ND 39
Docket No.: 20000121
Filing Date: 2/20/2001
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

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

Snyder v. ND Workers Comp. Bureau 2001 ND 38
Docket No.: 20000204
Filing Date: 2/20/2001
Case Type: Appeal - Administrative - Workers Compensation
Author: Kapsner, Carol

Highlight: Unless otherwise provided, statutes in effect on the date of an injury govern workers compensation benefits.
Words not defined in a statute are to be understood in their ordinary sense.
If the Workers Compensation Bureau seeks reimbursement for benefits paid, the level of materiality required is proof a false claim or false statement caused the benefits to be paid in error.
A false claim or false statement is sufficiently material for forfeiture of future benefits if it could have misled the Bureau or medical experts in a determination of the claim.

Interest of C.H., et al. (CONFIDENTIAL) 2001 ND 37
Docket No.: 20000119
Filing Date: 2/20/2001
Case Type: Appeal - Civil - Juvenile Law
Author: VandeWalle, Gerald

Highlight: The juvenile court has exclusive original jurisdiction over proceedings concerning unruly children. The custodian has the right to determine the nature of the care, placement, and treatment of the child, except for any limits the court may impose. The underlying obligation of the juvenile court under the Uniform Juvenile Court Act is to protect the welfare of the children.

Schroeder, et al. v. Buchholz, et al. 2001 ND 36
Docket No.: 20000191
Filing Date: 2/15/2001
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: The existence of a constructive trust must be proven by clear and convincing evidence. To establish a constructive trust, a party must prove the existence of both a confidential relationship and unjust enrichment.
A constructive trust is an equitable remedy, ultimately resulting in the plaintiff's receipt of formal legal title to the property.

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