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| Kuperus v. Willson, No. 20050114,
SUPREME COURT OF NORTH DAKOTA, January 31, 2006, Filed
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Overview: In a dispute over money that decedent's survivor alleged was hers, which was deposited in decedent's account, trial court erred in interpreting parties' settlement agreement because, under plain language of agreement, personal representative was to pay a certain amount, which she failed to do, so survivor was entitled to original judgment amount.
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| Lentz v. Spryncznatyk, No. 20050234,
SUPREME COURT OF NORTH DAKOTA, January 31, 2006, Filed
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Overview: Department of transportation's application of N.D. Cent. Code § 39-06.2-10(8) was not retroactive merely because defendant's first DUI conviction in 2000 occurred before effective date of subsection; it was his second DUI offense that occurred after effective date of subsection in 2003 that triggered 99 year commercial driver's license suspension.
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| Livinggood v. Balsdon, No. 20050149,
SUPREME COURT OF NORTH DAKOTA, January 31, 2006, Filed
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Overview: The evidence fell short of proving monetary damages were not a sufficient remedy for farming land in another location; thus, the trial court did not err by failing to award the lessee specific performance, but the trial court improperly analyzed recovery of treble damages under N.D. Cent. Code § 32-03-29 for a forcible ejectment from real property.
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| Moore v. State, No. 20050263,
SUPREME COURT OF NORTH DAKOTA, January 31, 2006, Filed
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Overview: Trial court did not abuse its discretion in quashing the subpoena of a television reporter pursuant to N.D. Cent. Code § 31-01-06.2 as information sought was procured or obtained while reporter was employed by and acting for an organization engaged in broadcasting news, and failure to disclose such evidence would not cause a miscarriage of justice.
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| Perez v. Nichols, No. 20050228,
SUPREME COURT OF NORTH DAKOTA, January 31, 2006, Filed
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Overview: Trial court did not err in granting summary judgment to driver in his injured passenger's negligence suit as no reasonable person could have found the driver negligent for his van being hit by a speeding car that ran a red light after driver followed two other cars into intersection on green light and driver was not speeding or driving erratically.
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| Schwan v. Folden, No. 20050185,
SUPREME COURT OF NORTH DAKOTA, January 31, 2006, Filed
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Overview: By proceeding to trial, under N.D. R. Civ. P. 55, the buyer had waived his claim for default judgment, and the trial court abused its discretion by granting his motion for default judgment against the seller, but the seller was not entitled to costs on appeal under N.D. R. App. P. 39(a)(3) because his appendix contained items not in the record.
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| Simon v. Simon, No. 20050279, No. 20050356,
SUPREME COURT OF NORTH DAKOTA, January 31, 2006, Filed
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Overview: In interpreting the provisions of N.D. Admin. Code § 75-02-04.1-03 and N.D. Admin. Code § 75-02-04.1-08.2 in a child support matter, the district court properly offset parents' child support obligations because mother had received Temporary Assistance to Needy Families benefits and she had assigned right to receive support to the State.
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| Sorum v. Dir., Cass County Soc. Servs. (In the Interest of M.B.), No. 20050206,
SUPREME COURT OF NORTH DAKOTA, January 31, 2006, Filed
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Overview: Pursuant to N.D. Cent. Code § 27-20-44(1)(b), record supported juvenile court's conclusion that the father's parental rights should be terminated because (1) the father was abusive toward the children; (2) there was often a shortage of food and the children were hungry; and (3) the children would continue to be deprived if returned to the father.
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| State v. Bertram, Nos. 20050035, 20050036, 20050037,
SUPREME COURT OF NORTH DAKOTA, January 31, 2006, Filed
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Overview: Evidence was sufficient to sustain a criminal trespass conviction, N.D. Cent. Code § 12.1-22-03, where defendant admitted that he had been told not to come to his ex-wife's house without her approval, and he admitted that he entered the house through the window.
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