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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.

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Interest of Sternberg 2023 ND 40
Docket No.: 20220147
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Tufte, Jerod E.

Interest of A.P. (CONFIDENTIAL) 2023 ND 39
Docket No.: 20220201
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Juvenile Law
Author: Bahr, Douglas Alan

Highlight: The right to appeal is statutory. If no statutory basis exists for an appeal, the court lacks appellate jurisdiction and must dismiss the appeal.

In juvenile matters, an aggrieved party, including the state or a subdivision of the state, may appeal from a final order, judgment, or decree of the juvenile court by filing written notice of appeal.

Interest of A.P. (CONFIDENTIAL) 2023 ND 39
Docket No.: 20220201
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Juvenile Law
Author: Bahr, Douglas Alan

Olympic Financial Group, et al. v. ND Dep't of Financial Institutions 2023 ND 38
Docket No.: 20210361
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: Ordinarily, a dismissal without prejudice is not appealable because either side may commence another action.

A dismissal without prejudice may be final and appealable if the plaintiff cannot cure the defect that led to dismissal or if it has the practical effect of terminating the litigation in the plaintiff’s chosen forum.

A district court’s authority to grant declaratory relief requires the exhaustion of administrative remedies.

Olympic Financial Group, et al. v. ND Dep't of Financial Institutions 2023 ND 38
Docket No.: 20210361
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Miller, et al. v. Nodak Ins. Co. 2023 ND 37
Docket No.: 20210341
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Insurance
Author: Jensen, Jon J.

Highlight: Interpretation of an insurance policy presents a question of law, reviewed de novo on appeal.

Exclusions from coverage must be clear and explicit and are strictly construed against the insurer.

While exclusionary clauses are strictly construed, an insurance contract will not be rewritten to impose liability when the policy language unambiguously precludes coverage.

Miller, et al. v. Nodak Ins. Co. 2023 ND 37
Docket No.: 20210341
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Insurance
Author: Jensen, Jon J.

Arthaud v. Fuglie 2023 ND 36
Docket No.: 20220234
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: The Uniform Single Publication Act precludes the discovery rule from applying to statements made to the public.

Arthaud v. Fuglie 2023 ND 36
Docket No.: 20220234
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Boutrous, et al. v. Transform Operating Stores, et al. 2023 ND 35
Docket No.: 20220090
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Landlord/Tenant
Author: Per Curiam

Highlight: A summary eviction action may be brought to recover the possession of real estate if a lessee violates a material term of the written lease agreement between the lessor and lessee.

Whether a lease has been fully complied with should be treated as a finding of fact because the rules of construction relating to contracts generally apply to the construction of leases.

In a bench trial, the district court is the determiner of credibility issues and we will not second-guess the district court on its credibility determinations. Findings of the trial court are presumptively correct.

An order holding a person in contempt is a final order for purposes of appeal. A contempt order is immediately appealable.

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