The Supreme Court has issued seven new opinions.
The summaries are below.
To see an opinion, click on the "View Opinion" button. Opinions display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in an opinion are included in the text: hover over the citation and click to follow the hyperlink.
See other Supreme Court opinions at: https://www.ndcourts.gov/supreme-court/opinions
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DCI Credit Services v. Plemper 2021 ND 215 Docket No.: 20210183 Filing Date: 11/26/2021 Case Type: DEBTOR/CREDITOR Author: VandeWalle, Gerald W. Highlight: The district court did not abuse its discretion by denying the motion to vacate the order granting summary judgment. To be entitled to an award of attorney’s fees under N.D.C.C. § 28-26-01(2), the prevailing party must allege the nature of the frivolous claim in a responsive pleading. The district court must award attorney’s fees under N.D.C.C. § 28-26-01(2) only after it finds a claim for relief is frivolous. |
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Highlight: A district court may conduct a proceeding by reliable electronic means on its own motion or on a party’s motion. An ostensible agency results when the principal causes a third person to believe another is the principal’s agent even though the other person is not employed by the principal. Unjust enrichment is an alternative claim, and a legal claim which has yet to fail or succeed does not preclude a plaintiff from also asserting an unjust enrichment claim. |
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Boldt v. Boldt 2021 ND 213 Docket No.: 20210101 Filing Date: 11/26/2021 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: McEvers, Lisa K. Fair Highlight: When determining primary residential responsibility of a minor child, the district court must consider the best interest factors and make findings with sufficient specificity to show the factual basis for its decision. Deferential review of a district court’s primary residential responsibility determination is especially applicable in cases involving two fit parents. Under N.D. Admin. Code § 75-02-04.1-01(6)(d), an individual obligated to provide child support may deduct a portion of payments made to afford health insurance coverage for the child. |
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Interest of C.E. 2021 ND 211 Docket No.: 20210264 Filing Date: 11/26/2021 Case Type: TERMINATION/PARENTAL RIGHTS Author: Per Curiam |
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Iakel-Garcia v. Anderson 2021 ND 210 Docket No.: 20210021 Filing Date: 11/26/2021 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: VandeWalle, Gerald W. Highlight: A district court’s award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous. The district court must award primary residential responsibility to the parent who will promote the child’s best interests and welfare. The district court must determine the total value of the marital estate in order to make an equitable division of property. |
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Muchow v. Kohler, et al. 2021 ND 209 Docket No.: 20210103 Filing Date: 11/26/2021 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Crothers, Daniel John Highlight: North Dakota’s Uniform Nonparent Custody and Visitation Act governs nonparent visitation rights. The district court may order visitation if petitioners prove: (1) a substantial relationship with the child and (2) the denial of visitation would result in harm to the child. Petitioners have the burden of proving the requirements by clear and convincing evidence. “Harm to child” means a “significant adverse effect on a child’s physical, emotional, or psychological well-being.” |
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Highlight: A Findings of Fact and Order Reappointing Guardian and Conservatorship and Continuing Guardianship Following Review and Denying Petitioners Request in Full is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
