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841 - 850 of 12446 results
Schmidt v. Hageness, et al.
2022 ND 223
Docket No.: 20220219
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Real Property
Author: Per Curiam
Bell v. State
2022 ND 222
Docket No.: 20220161
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.
Highlight: The statutory meaning of “physical disability” within N.D.C.C. § 29-32.1-01(3)(a)(2) does not include an inability to access state case law while serving a sentence in a federal prison.
Bell v. State
2022 ND 222
Docket No.: 20220161
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.
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.
Highlight: When a district court has made sufficient findings that demonstrate intent, mutual assent, and sufficient consideration among the parties to substitute a new obligation for an existing one, a finding of novation by the court is not clearly erroneous.
The terms of a contract, the character of the transaction, and the facts and circumstances surrounding the transaction can establish novation.
Parties entering into a novation need not agree about the meaning or terms within the original obligation.
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).