Recent Opinions
Goff v. NDDOT 2023 ND 149 Highlight: Substantially justified means justified to a degree that could satisfy a reasonable person. |
Interest of D.M.H. 2023 ND 148 Highlight: Absent a change in circumstances, the juvenile court does not err in adopting a prior visitation schedule as the current visitation schedule. |
Hennessey v. Milnor School District 2023 ND 147
Highlight: In an appeal from a motion to dismiss under N.D.R.Civ.P. 12(b)(6), the complaint is construed in the light most favorable to the plaintiff and well-pleaded allegations are accepted as true. |
State, et al. v. Vetter 2023 ND 146 Highlight: Rule 60(a), N.D.R.Civ.P., was designed to allow district courts to correct errors created by oversight or omission. Rule 60(a) does not authorize the court to change what has been deliberately done. |
Gonzalez v. Perales 2023 ND 145
Highlight: To be appealable under N.D.C.C. § 28-27-02(1), an order must determine the action and prevent a judgment from which an appeal might be taken. |
State v. Larsen 2023 ND 144 Highlight: The August 1, 2021 amendment to N.D.C.C. § 12.1-32-07(6) does not apply retroactively. Therefore, upon revocation of a conviction and sentence entered prior to August 1, 2021, a district court’s ability to resentence a defendant is limited to the previously imposed, but suspended, sentence. |
DOCR v. Louser, et al. 2023 ND 143
Highlight: The Department of Corrections and Rehabilitation has broad authority under N.D.C.C. § 54-23.3-01 to supervise offenders and probationers when directed by the district court. |
Zavanna v. Gadeco, et al. 2023 ND 142
Highlight: The plaintiff bears the burden of proof on its quiet title claim. Where the plaintiff owns a top lease and the defendant owns a bottom lease covering the same oil and gas leasehold interest, the plaintiff bears the burden to prove the bottom lease terminated by its own terms. If the bottom lease contains a cessation of production clause, the plaintiff must prove production ceased for the specified period. |
Edison v. Edison 2023 ND 141
Highlight: North Dakota law forbids sex bias in custody determinations. Between the mother and father, whether married or unmarried, there is no presumption as to which parent will better promote the best interests and welfare of the child. |
Legacie-Lowe v. Lowe 2023 ND 140
Highlight: The district court’s findings are inadequate to understand the basis for the decision. |