Whitmire v. Whitmire , 1997 ND 214 - Civil No. 970155 Denial of motion to quash an emergency order for change of custody is appropriate when the respondent has not filed a supporting affidavit for an evidentiary hearing contesting the emergency, as required by NDROC 8.2. An interim order cannot direct amendment of a final judgment.
November 6, 1997
Austin v. State , 1997 ND 206 - Criminal No. 970134 District court's denial of post-conviction relief summarily affirmed under Rule 35.1(a)(1), N.D.R.App.P.
Boehm v. Berger , 1997 ND 208 - Civil No. 970124 Trial court's denial of motion for new trial and award of damages summarily affirmed under N.D.R.App.P. 35.1(a) (1), (2), and (4). Double costs assessed for failure to furnish record of grounds that trial court used to deny motion for new trial.
Christmann v. Christmann , 1997 ND 209 - Civil No. 970081 In dividing marital property, the trial court does not err in refusing to consider a ten-year-old property agreement executed by the parties to reconcile their marriage, which neither stated it was a final adjustment of all property nor that the parties would be bound by the agreement in future divorce proceedings.
City of Fargo v. Sivertson , 1997 ND 204 - Criminal No. 970054 A police officer's approach to the defendant's vehicle stopped in driving lane behind accident scene and knock on driver's window to determine whether the driver was okay and why the driver was not proceeding in the left lane with other traffic constituted a permissible caretaker encounter and not a Fourth Amendment stop.
Gibbon v. Gibbon , 1997 ND 210 - Civil No. 970035 In a divorce action, the trial court did not clearly err in structuring the division of the parties' marital estate. The Supreme Court rejected the husband's request to order liquidation of the parties' assets.
Nelson v. Gillette, et al. , 1997 ND 205 - Civil No. 960371 A political subdivision employee's sexual abuse of a child in the custody of Social Services may constitute an act within the employee's scope of employment under NDCC 32-12.1-03 & 04. A stipulation between a claimant and an employee that released the employee from liability also released the County from vicarious liability. Summary judgment on a claim of negligent supervision by the County was precluded because the appellant raised genuine issues of disputed fact.
Pederson, et al. v. Kolschefsky , 1997 ND 211 - Civil No. 970103 Jury verdict and denial of a motion for new trial summarily affirmed under N.D.R.App.P. 35.1.
Perry, et al. v. Reinke , 1997 ND 213 - Civil No. 970095 The district court did not err in denying a motion for judgment as a matter of law because reasonable minds could conclude will was not what testator, in her own mind, would have intended. The district court did not abuse its discretion when it denied motion for new trial based on the weight of the evidence and on newly discovered evidence.
Sposato v. Sposato , 1997 ND 207 - Civil No. 970067 Appeal from an order granting grandparent visitation in New York, the time period for which has expired, is dismissed as moot. Absent a current request for visitation, the issue is not ripe for review.
State v. Owens , 1997 ND 212 - Criminal No. 970194 An order denying criminal defendant's motion for return of bond is appealable under NDCC 29-28-06(5), as it affects a substantial right. The trial court erred in denying the defendant's motion where an unrebutted prima facie case for return of the bond was presented, even though the money had been erroneously paid out by the clerk of court to the defendant's estranged wife.
Zimmerman v. Valdak Corporation , 1997 ND 203 - Civil No. 970007 The Workers' Compensation Act does not preclude a civil cause of action against an employer for true intentional injuries. Dismissal of an employee's civil lawsuit against his employer is appropriate when there is no evidence to support a claim his employer had knowledge an injury was certain to occur.