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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.

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

State v. McLaughlin 2023 ND 34
Docket No.: 20220252
Filing Date: 3/3/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(8) and (4).

State v. McLaughlin 2023 ND 34
Docket No.: 20220252
Filing Date: 3/3/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Nevin, et al. v. Kennedy, et al. 2023 ND 33
Docket No.: 20220136
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: The primary purpose in interpreting a deed is to ascertain the grantor’s intent.

Deeds are interpreted to give effect to the mutual intention of the parties as it existed at the time of contracting. A contract may be explained by reference to the circumstances under which it was made and the matter to which it relates.

Nevin, et al. v. Kennedy, et al. 2023 ND 33
Docket No.: 20220136
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Queen v. Martel, et al. 2023 ND 32
Docket No.: 20220121
Filing Date: 10/4/2022
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: An award of equal residential responsibility of a minor child is remanded to the district court to make specific findings of fact on whether the domestic violence rebuttable presumption under N.D.C.C. § 14-09-06.2(1)(j) is triggered and, if so, whether the presumption is rebutted.

Interest of V.C. (CONFIDENTIAL) 2023 ND 31
Docket No.: 20220381
Filing Date: 2/16/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A district court judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of V.C. (CONFIDENTIAL) 2023 ND 31
Docket No.: 20220381
Filing Date: 2/16/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Krogstad v. State 2023 ND 30
Docket No.: 20220264
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

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