September 2003
September 24, 2003

Disciplinary Board v. Edin, 2003 ND 152
Interim suspension of lawyer ordered.

September 23, 2003

Deptuch v. Lindberg, 2003 ND 142
Judgment upon jury verdict in a contract dispute is summarily affirmed under 35.1(a)(3).
Guardianship of Shatzka, 2003 ND 147
If a guardian is not appointed, the person for whom guardianship was sought may not be required to pay for a court-appointed visitor, lawyer, physician or temporary guardian.
Interest of Z.C.B., 2003 ND 151
A minor is not in custody and is not entitled to representation by his parents when he is asked common sense investigatory questions during a routine traffic stop.
When there is an odor of alcohol and a minor states he had a sip of alcohol, there is enough evidence to establish he is a minor in consumption of alcohol under N.D.C.C. 5-01-08.
There is no material distinction between consuming alcohol while driving and having recently consumed alcohol while driving. A petition that charges a minor with consuming alcohol while driving is sufficient to inform a minor of the charges against him and allow him to defend against them.
Kjolsrud v. MKB Management Corp., 2003 ND 144
North Dakota's false advertising law authorizes "any person acting for the interests of itself, its members, or the general public" to bring an action to enjoin violations only if that person satisfies standing requirements.
Krank v. Krank, 2003 ND 146
In making its custody decision, the trial court is not required to make specific findings of fact on each factor under N.D.C.C. 14-09-06.2(1), but the court should consider all relevant factors in making the decision.
Lamb v. Riemers, 2003 ND 148
Unless a contract specifically provides otherwise, the seller may retain earnest money only if the buyer breaches the agreement.
Orvedal v. Orvedal, 2003 ND 145
When the trial judge who enters an original divorce decree clarifies that decree, the court on appeal affords the clarification considerable deference.
When a divorce decree provides for liberal visitation as agreed to by the parties, the inability of the parties to agree is a substantial change of circumstances for modification of visitation.
When a child support obligor is unemployed or underemployed, the trial court is permitted under the child support guidelines to impute income to the obligor.
State v. Ricker, 2003 ND 143
Denial of a motion to suppress evidence is summarily affirmed under Rule 35.1(a)(2) and (3), N.D.R.App.P.
Torgerson v. Torgerson, 2003 ND 150
An obligor need not show a material change in circumstances if the motion to modify child support is brought more than one year after entry of the support order.
Income may not be imputed based on underemployment absent adequate evidence of the obligor's gross income from earnings and of the prevailing amounts earned in the community by persons with similar work history and occupational qualifications.
Under current child support guidelines, depreciation is not added back into an obligor's net income to determine support obligations.
United Valley Bank v. Lamb, 2003 ND 149
Rule 38, N.D.R.App.P., authorizes the court to award just damages and single or double costs, including attorney's fees for a frivolous appeal.
An appeal is frivolous if it is flagrantly groundless, devoid of merit, or demonstrates persistence during litigation which evidences bad faith.

September 2, 2003

Barnes v. Workforce Safety and Insurance, 2003 ND 141
Nothing in the Rules of Evidence or the statutes governing administrative procedure precludes an employee of an agency from testifying as an expert witness in an administrative proceeding before the agency.