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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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Fain, et al. v. Integrity Environmental, et al. 2022 ND 221
Docket No.: 20220068
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Wheeler v. Sayler, et al. 2022 ND 220
Docket No.: 20220227
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: An order dismissing a complaint without prejudice is generally not appealable.

The district court is required to make a pre-filing determination prior to ruling on a motion filed by a vexatious litigant. A vexatious litigant’s request for reconsideration did not satisfy the pre-filing order requirement that new documents filed with the court have merit and have not been filed for the purpose of harassment or delay. A denial of leave to file is not appealable.

Wheeler v. Sayler, et al. 2022 ND 220
Docket No.: 20220227
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

State v. Davis 2022 ND 219
Docket No.: 20220220
Filing Date: 12/8/2022
Case Type: Appeal - Criminal - Homicide
Author: Jensen, Jon J.

Highlight: The district court’s findings on restitution were not clearly erroneous.

State v. Davis 2022 ND 219
Docket No.: 20220220
Filing Date: 12/8/2022
Case Type: Appeal - Criminal - Homicide
Author: Jensen, Jon J.

State v. Tully 2022 ND 218
Docket No.: 20220214
Filing Date: 12/8/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment of terrorizing subsequent to a plea of guilty is summarily affirmed under N.D.R.App.P. 35.1(a)(3) & (7).

State v. Tully 2022 ND 218
Docket No.: 20220214
Filing Date: 12/8/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Kubik v. Hauck 2022 ND 217
Docket No.: 20220091
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: To establish a new boundary line by the doctrine of acquiescence, it must be shown by clear and convincing evidence that both parties recognized the line as a boundary, and not a mere barrier, for at least 20 years prior to the litigation. Whether there has been mutual recognition of a boundary is a question of fact, reviewed under the clearly erroneous standard.

Kubik v. Hauck 2022 ND 217
Docket No.: 20220091
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Trosen, et al. v. Trosen, et al. 2022 ND 216
Docket No.: 20220048
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: The nonperformance of a contractual duty when it is due is a breach of the contract.

Under the common law doctrine of apportionment of rent, rent is not apportionable as to time; rather the person who has ownership of the property at the time that rent is due has the right to receive it.

Generally, a material breach by one party gives the non-breaching party the right to terminate the contract.

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