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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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Jensen v. Jensen, et al. 2023 ND 22
Docket No.: 20220238
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Interest of R.S. 2023 ND 21
Docket No.: 20230010
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: An order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Knutson v. Foughty, et al. 2023 ND 20
Docket No.: 20220296
Filing Date: 2/16/2023
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Bahr, Douglas Alan

Highlight: This Court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.

Interest of G.V. (CONFIDENTIAL) (consolidated w/20220146) 2023 ND 19
Docket No.: 20220145
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Juvenile Law
Author: Tufte, Jerod E.

Highlight: Under N.D.C.C. § 27-20.1-11(1)(d), a juvenile court may appoint a guardian of a child if the court finds by clear and convincing evidence that the appointment is in the child’s best interest and the child is in need of protection.

Interest of G.V. (CONFIDENTIAL) (consolidated w/20220146) 2023 ND 19
Docket No.: 20220145
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Juvenile Law
Author: Tufte, Jerod E.

Hoffman v. Hoffman, et. al. 2023 ND 18
Docket No.: 20220142
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: Unless an exception applies, a motion to modify primary residential responsibility filed within two years of the judgment establishing primary residential responsibility requires the movant to satisfy the heightened standard under N.D.C.C. § 14-09-06.6(3).

A district court’s decision on a motion to relocate is a finding of fact that will not be reversed on appeal unless clearly erroneous.

A district court is not required to hold a hearing under N.D.R.Ct. 3.2(a)(3) if a party does not request a hearing and secure a time for the hearing.

A district court is not required to consider an untimely declaration under N.D.R.Ct. 3.2(a)(2).

Hoffman v. Hoffman, et. al. 2023 ND 18
Docket No.: 20220142
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Keidel v. WSI, et al. 2023 ND 17
Docket No.: 20220229
Filing Date: 2/16/2023
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: Res judicata prohibits the relitigation of claims or issues that were raised or could have been raised in an earlier action between the same parties and was resolved by final judgment.

Administrative res judicata is the judicial doctrine of res judicata applied to an administrative proceeding. Administrative res judicata is applied more circumspectly than judicial res judicata, taking into account (1) the subject matter decided by the administrative agency, (2) the purpose of the administrative action, and (3) the reasons for the later proceeding.

WSI may not issue a permanent impairment award for impairment findings due to preexisting conditions.

Keidel v. WSI, et al. 2023 ND 17
Docket No.: 20220229
Filing Date: 2/16/2023
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Larson Latham Huettl v. Iversen 2023 ND 16
Docket No.: 20220198
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: A party to a contract does not waive its contractual rights when its actions are expressly authorized by the terms of the contract.

When a contract has but a single object and such object is wholly impossible of performance, the entire contract is void.

The injured party has a duty to mitigate or minimize its damages and must protect itself if it can do so with reasonable exertion or at trifling expense, and can recover from the delinquent party only such damages as it could not, with reasonable effort, have avoided.

Continued employment for a substantial period of time is sufficient consideration to support an employment agreement.

A district court’s decision on a motion to alter or amend judgment under N.D.R.Civ.P. 59(j) will not be reversed unless the court abused its discretion.

Issues that were not properly raised before the district court will not be considered on appeal.

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