Interest of B.J.K.
, 2005 ND 138,
701 N.W.2d 924
A juvenile court's finding of deprivation will not be set aside unless it is clearly erroneous.
In determining whether the causes and conditions of deprivation will continue or will not be remedied, there must be prognostic evidence forming the basis for reasonable prediction of continued or future deprivation.
Litoff v. Pinter
, 2005 ND 73,
704 N.W.2d 286
An order denying a motion for reinstatement of unsupervised visitation is summarily affirmed under N.D.R.App.P. 35.1(a)(4).
Pratt v. Altendorf
, 2005 ND 32,
692 N.W.2d 115
Dismissal of a civil action, without prejudice, is ordinarily not appealable, but it is considered final and appealable if it has the practical effect of terminating the litigation in the plaintiff's chosen forum.
The notice requirement, under N.D.C.C. 4-35-21.1(1), for civil actions arising out of the application of pesticide inflicting damage on property, does not apply to an action for breach of contract alleging the applicator did not provide services in a
timely manner.
Interest of D.P.O.
, 2005 ND 39,
692 N.W.2d 128
On appeal, an issue will not be decided if it has become moot because events have occurred which make it impossible for the Court to issue relief or the passage of time has made the issue moot.
The decision to award grandparents visitation separate from the mother's is not clearly erroneous when it is in the best interest of the child and is based on consideration of the evidence in the record.
Adoption of H.R.W.
, 2004 ND 216,
689 N.W.2d 403
In adoption proceedings, termination of parental rights does not require consent of a parent who has abandoned the child or has failed for at least one year, without justifiable cause, to communicate with the child or to provide for the care and
support of the child.
Findings of fact by the trial court in matters of adoption will not be set aside on appeal unless clearly erroneous.
Estate of Bergman
, 2004 ND 196,
688 N.W.2d 187
Assets conveyed by an institutionalized spouse to a community spouse before the institutionalized spouse's death and traceable to the community spouse's estate are subject to a claim for Medicaid benefits provided to the institutionalized spouse.
Transfers by a surviving community spouse before death, which are made for less than a reasonably equivalent value and which render the community spouse's estate insolvent, may be voided under N.D.C.C. ch. 13-02.1.
Oppegard-Gessler v. Gessler
, 2004 ND 141,
681 N.W.2d 762
A custodial parent may not change the residence of a child to another state except upon order of the court or with the consent of the noncustodial parent, if the noncustodial parent has been given visitation rights by the decree.
The best interests of the child are the primary consideration in determining whether a custodial parent should be allowed to relocate with the child to another state.
A trial court that fails to give sufficient credence to the importance of keeping the custodial family intact commits reversible error.
Interest of T.J.L.
, 2004 ND 142,
682 N.W.2d 735
Effective March 1, 2004, findings of fact in juvenile matters will not be set aside on appeal unless clearly erroneous.
When there has been an extensive period in which efforts have been made to overcome a parent's inabilities to effectively parent, courts cannot allow the child to remain in an indeterminate status midway between foster care and the obvious need for
permanent placement.
Benson v. Workforce Safety and Insurance
, 2003 ND 193,
672 N.W.2d 640
If an appellant fails to serve the notice of appeal from an administrative order to the district court as required by the Administrative Agencies Practice Act, the district court lacks subject matter jurisdiction and the appeal must be dismissed.
Litoff v. Pinter
, 2003 ND 172,
670 N.W.2d 860
Although visitation between a child and the noncustodial parent is ordinarily presumed to be in the best interest of the child, visitation may be curtailed or eliminated entirely if it is likely to endanger the child's physical or emotional health.
Wagner v. Miskin
, 2003 ND 69,
660 N.W.2d 593
An appellant assumes the consequences and the risk for the failure to file a complete transcript, and if the record on appeal does not allow for a meaningful and intelligent review of alleged error, this Court will decline review of the issue.
A party cannot complain of alleged error on appeal if the party invited the error.
A person making a defamatory statement in a privileged setting is not protected when repeating the defamatory statement in a non-privileged setting.
Howe v. Microsoft Corporation
, 2003 ND 12,
656 N.W.2d 285
Class certification is not automatically precluded because individual issues will remain after the common questions of law and fact have been resolved.
A trial court is to determine whether to certify a class action without delving into the merits of the case.
A motion for class certification is not to be treated as a motion for summary judgment, and the plaintiffs are not required to present evidence to support each element of their claims.
At the class certification stage, a trial court may consider expert evidence as long as the basis of the expert's opinion is not so blatantly flawed that, on its face, it would be inadmissible as a matter of law.
Interest of F.R.S.
, 2002 ND 191,
653 N.W.2d 659
In computing an obligor's income under the child support guidelines, the court may consider circumstances that materially affect the child support obligation and are likely to change in the near future.
A party cannot predicate error on the trial court's failure to properly compute the obligor's net income, when the complaining party failed to provide the court necessary information for that purpose.
Dufner v. Dufner
, 2002 ND 47,
640 N.W.2d 694
If the evidence establishes one of the grounds for divorce, it is not necessary for the court to make findings on other available grounds.
For the purposes of determining a child support obligation, temporary income is included in the obligor's gross income.
Primary caretaker status does not enjoy paramount status in a child custody determination.
Hoverson v. Hoverson
, 2001 ND 124,
629 N.W.2d 573
Economic misconduct requires misconduct which results in waste of marital assets or reduction of the net marital estate.
A trial court must provide sufficient explanation for its property distribution to permit a reviewing court to determine the basis for its distribution.
In calculating an obligor's deduction from net income for tax obligations, a hypothetical federal income tax obligation specified in the child support guidelines must be used..
Myer v. Rygg
, 2001 ND 123,
630 N.W.2d 62
A trial court's decision on qualification of a witness as an expert will not be reversed on appeal unless it was an abuse of discretion.
If an expert's knowledge, training, education, and experience will assist the trier of fact, the expert need not be a specialist in a highly particularized field or have a formal title or particular license.
The trial court has wide discretion to determine an appropriate sanction for violation of discovery rules.
Krug v. Carlson
, 2000 ND 157,
615 N.W.2d 564
A court may consider the child support guideline amount in determining reasonable reimbursement of past expenses to a custodial parent.
Interest of S.R.A.
, 2000 ND 46,
607 N.W.2d 575
In a paternity action, if the alleged father fails to appear for or refuses to submit to genetic testing, the court may direct entry of a judgment by default.
Black v. Abex Corp.
, 1999 ND 236,
603 N.W.2d 182
Where the record contains no evidence to support an essential element of the plaintiff's claim, the defendant may move for summary judgment by merely pointing out the lack of evidence, and need not support its motion with affidavits or other
"evidence."
To prevail on a market share liability claim, the plaintiff must prove all of the products which may have caused the injury or illness posed equivalent risks of harm.
"Alternative liability" is available only when all persons who may have caused the injury are before the court.
Rowley, f/k/a Cleaver v. Cleaver
, 1999 ND 158,
598 N.W.2d 125
A district court has exclusive continuing jurisdiction over child support when the court made the initial award and one of the parties continues to live in North Dakota.
Service of process is valid under N.D.R.Civ.P. 5 for notice of a hearing to change the amount of child support.
Greenwood v. Greenwood
, 1999 ND 126,
596 N.W.2d 317
The trial court has broad discretion in evidentiary matters, and its rulings will only be reversed if its discretion has been abused.
A spousal support award may be modified upon a showing of a material change in circumstances, which is something substantially affecting the financial abilities or needs of a party.
The district court's determination of an unforseen material change in circumstances justifying a reduction of spousal support is a finding of fact that will not be set aside on appeal unless it is clearly erroneous.
Generally, a spousal support obligor's remarriage does not justify modification of spousal support.
State ex rel. Sprynczynatyk v. Mills
, 1999 ND 75,
592 N.W.2d 591
The ordinary high watermark of a river must be determined based upon the current condition of the river, even if the current condition has been affected by artificial changes.
State v. Martineau
, 1999 ND 41,
592 N.W.2d 923
District court's order denying a motion to correct a sentence, imposed following a probation violation, is summarily affirmed under N.D.R.App.P. 35.1(a)(7).
Schmitz v. Schmitz
, 1998 ND 203,
586 N.W.2d 490
For purposes of modifying spousal support, a contemplated change is one taken into consideration by the district court when fashioning the original decree.
The inability of ex-spouse to reach maximum rehabilitation may be a changed circumstance warranting a modification of spousal support.
Cline v. Cline
, 1998 ND App 11,
585 N.W.2d 145
Where a trial court provides a reasoned explanation
supported by evidence in the record, the court does not
abuse its discretion in denying post-trial motions to
alter or amend a judgment.
Severson v. Severson
, 1998 ND App 6,
583 N.W.2d 120
The trial court's child custody award and distribution of marital
property were not clearly erroneous.
Zimmerman v. Valdak Corp.
, 1997 ND 203,
570 N.W.2d 204
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.
Dougan v. Dougan
, 1997 ND 195,
575 N.W.2d 224
Divorce judgment deciding custody, dividing marital property, and
awarding spousal support summarily affirmed under N.D.R.App.P.
35.1.
Hovland v. City of Grand Forks
, 1997 ND 95,
563 N.W.2d 384
Personal injury claim based on an in-line skating accident
occurring on a public bike path was improperly dismissed on
summary judgment. North Dakota's recreational use statute did
not shield political subdivision from liability.
Stout v. Stout
, 1997 ND 61,
560 N.W.2d 903
When considering a request to move a child out of North Dakota,
trial courts are to apply a four factor analysis to the facts of
each case with the primary concern being the best interests of
the child.
Anderson v. A.P.I. Company
, 1997 ND 6,
559 N.W.2d 204
The trial court did not abuse its discretion in admitting the
testimony of the plaintiff's state-of-the-art expert witness in
an asbestos-related personal injury action.
The trial court is in a superior position to gauge the potential
prejudice of an attorney's misconduct and its probable effect on
the jury.
When a litigant fails to draw the court's attention to relevant
parts of the record, judges are not obligated to search the
record for evidence to support the litigant's position.
State v. Thompson
,
552 N.W.2d 386 (N.D. 1996)
The trial court did not abuse its discretion by denying
the motion of the defendant, an attorney, to excuse for cause
a juror who was a former client of another attorney in the
defendant's law firm. Although the trial court abused its
discretion by admitting evidence of a prior accident because
the State did not give 'reasonable notice in advance of
trial' as required by Rule 404(b), N.D.R.Ev., the error was
harmless.
P.E. v. W.C.
,
552 N.W.2d 375 (N.D. 1996)
Under Section 14-17-05(1)(b), N.D.C.C., a man alleged
to be the father of a child may not raise the five year
statute of limitations to shield his potential parental
obligations or to preclude a presumed father by marital
relationship from rebutting the presumption of paternity in
Section 14-17-04(1)(a), N.D.C.C. A demand for a jury trial
in an amended pleading which raises the same general factual
issue as the initial pleading is not timely.
State v. Storbakken
,
552 N.W.2d 78 (N.D. 1996)
Minor traffic violations provide a law enforcement
officer with a reasonable and articulable suspicion
sufficient to justify an investigatory stop of a vehicle.
An administrative hearing officer's determination of
whether an officer has reasonable suspicion to stop a vehicle
does not preclude relitigation of the issue in a related
criminal proceeding. Although a motorist who has
submitted to a properly administered chemical test yielding a
readable result may refuse to submit to a second test, a
motorist may not refuse a second test if the first test was
defective and was aborted before breath samples were
provided.
City of Grand Forks v. Dohman
,
552 N.W.2d 69 (N.D. 1996)
The district court did not abuse its discretion by
summarily imposing a punitive contempt sanction in response to
contemptuous remarks made by defendant to the jury.
City of Grand Forks v. Dohman
,
552 N.W.2d 66 (N.D. 1996)
In a criminal trial, a defendant must move for a judgment of
acquittal under Rule 29, N.D.R.Crim.P., to preserve the issue
of sufficiency of the evidence to support a jury verdict.
Anderson v. Hensrud
,
548 N.W.2d 410 (N.D. 1996)
State v. Thompson
,
548 N.W.2d 778 (N.D. 1996)
State v. Martin
,
543 N.W.2d 224 (N.D. 1996)
Knight v. ND State Industrial School
,
540 N.W.2d 387 (N.D. 1995)
Schatke v. Schatke
,
544 N.W.2d 176 (N.D. 1995)
Ryan v. Flemming
,
533 N.W.2d 920 (N.D. 1995)
Neppel v. Neppel
,
528 N.W.2d 371 (N.D. 1995)
Gray v. Gray
,
527 N.W.2d 268 (N.D. 1995)
Svedberg v. Stamness
,
525 N.W.2d 678 (N.D. 1994)
State of ND ex rel. Sprynczynatyk v. Mills
,
523 N.W.2d 537 (N.D. 1994)
Brandt v. Brandt
,
523 N.W.2d 264 (N.D. 1994)
Schatke v. Schatke
,
520 N.W.2d 833 (N.D. 1994)
Stewart v. Ryan
,
520 N.W.2d 39 (N.D. 1994)
Rudh v. Rudh
,
517 N.W.2d 632 (N.D. 1994)
Omlid v. Omlid
,
516 N.W.2d 300 (N.D. 1994)
Braaten v. R.G.
,
506 N.W.2d 402 (N.D. 1993)
State v. Pippin
,
496 N.W.2d 50 (N.D. 1993)
Dale v. Cronquist
,
493 N.W.2d 667 (N.D. 1992)
Rosenberg v. Son, Inc.
,
491 N.W.2d 71 (N.D. 1992)
Mullins v. Department of Human Services
,
483 N.W.2d 160 (N.D. 1992)
City of Grand Forks v. Soli
,
479 N.W.2d 872 (N.D. 1992)
State v. Barth
,
485 N.W.2d 353 (N.D. 1992)
Wolf v. Wolf
,
485 N.W.2d 353 (N.D. 1992)
Buegel v. City of Grand Forks
,
475 N.W.2d 133 (N.D. 1991)
Wolf v. Wolf
,
474 N.W.2d 257 (N.D. 1991)
Flermoen v. ND Workers Comp. Bureau
,
470 N.W.2d 220 (N.D. 1991)
Kavadas v. ND Workers Compensation Bureau
,
466 N.W.2d 839 (N.D. 1991)
Abram v. Abram
,
464 N.W.2d 205 (N.D. 1990)
Larson v. Larson
,
461 N.W.2d 116 (N.D. 1990)
Schmidt v. Grand Forks Country Club
,
460 N.W.2d 125 (N.D. 1990)
Mullins v. ND Dept. of Human Services
,
454 N.W.2d 732 (N.D. 1990)
State v. Pickar
,
453 N.W.2d 783 (N.D. 1990)
Security State Bank of Hannaford v. Harrington
,
452 N.W.2d 72 (N.D. 1990)
State v. Schumacher
,
452 N.W.2d 345 (N.D. 1990)
Berglund v. Gulsvig
,
448 N.W.2d 627 (N.D. 1989)
Farmers Union Central Exchange Inc. v. Grand Forks County
,
443 N.W.2d 907 (N.D. 1989)
Kaloupek v. Burfening
,
440 N.W.2d 496 (N.D. 1989)
Fercho v. ND Workers Compensation Bureau
,
440 N.W.2d 507 (N.D. 1989)
Egstad v. Egstad
,
438 N.W.2d 198 (N.D. 1989)
Huntley v. Timm
,
435 N.W.2d 683 (N.D. 1989)
Roth v. Goldstone
,
433 N.W.2d 554 (N.D. 1988)