Recent Opinions
Estate of Seidel v. Seidel, et al. 2021 ND 6
Highlight: The primary purpose in interpreting a deed is to ascertain and effectuate the grantor’s intent at the time of the conveyance. The intent must be ascertained from the writing alone, if possible. |
Neppel, et al. v. Development Homes, et al. 2021 ND 5
Highlight: The district court did not abuse its discretion when it denied an untimely motion to amend the complaint. |
State v. Evanson 2021 ND 4 Highlight: When a defendant fails to object to the introduction of prior convictions at sentencing, and the court did not substantially rely on the convictions as the basis for enhancing a defendant’s sentence or increasing their offense level, obvious error is the appropriate standard of review. A defendant cannot establish obvious error if they cannot first establish that an error has occurred. |
Brendel Construction v. WSI 2021 ND 3
Highlight: On review of an administrative law judge’s findings of fact, this Court determines only whether a reasoning mind reasonably could have determined the findings were proven by the weight of the evidence from the entire record. |
Potts v. City of Devils Lake, et al. 2021 ND 2 Highlight: Under North Dakota law no public policy exception to the at-will employment doctrine exists for law enforcement officers who act in self-defense. |
R & F Financial Services v. North American Building Solutions, et al. 2021 ND 12
Highlight: All contracts entered into by the parties must be construed together, and only the provisions in the latter contracts which are inconsistent with the prior contracts will supersede. |
State v. Casatelli 2021 ND 11
Highlight: A district court’s decision on a motion to suppress will be affirmed if there is sufficient competent evidence fairly capable of supporting the trial court’s findings and the decision is not contrary to the manifest weight of the evidence. |
Interest of M.M. 2021 ND 10 Highlight: An order terminating mother’s parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
Melaas v. Diamond Resorts U.S. Collection Development 2021 ND 1
Highlight: An order compelling arbitration and dismissing the action is appealable. |
Interest of Buller 2020 ND 270
Highlight: The State’s second petition seeking civil commitment of a sexually dangerous individual was not barred by res judicata. |