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   State Courts - North Dakota - March 2 - March 8, 2007

  
Wagner v. Wagner, No. 20060124, SUPREME COURT OF NORTH DAKOTA, March 2, 2007, Filed
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Overview: A district court properly awarded a wife rehabilitative spousal support instead of permanent support where she was 49 years old, educated, had received income generating property from the marital estate, and had the ability and desire to start a career and increase her income after further education and training.

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Carlson v. Carlson (In re Estate of Carlson), No. 20060204, SUPREME COURT OF NORTH DAKOTA, March 5, 2007, Filed
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Overview: North Dakota court lacked jurisdiction to deny a motion to substitute a personal representative as the party in a pending California action relating to the division of retirement benefits after the death of a former husband because a former wife was required to apply to the California court under Cal. Prob. Code § 9370.

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Gonzales v. Witzke, No. 20060277, SUPREME COURT OF NORTH DAKOTA, March 5, 2007, Filed
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Riverwood Commer. Park, LLC v. Std. Oil Co., No. 20060122, SUPREME COURT OF NORTH DAKOTA, March 5, 2007, Filed
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Overview: Plaintiffs' claims were not barred by res judicata because N.D. Cent. Code § 33-06-04 expressly prohibited plaintiffs from pleading claims for slander of title, right to quiet title, interference with prospective advantage, fraud, and nuisance in their prior summary eviction action; therefore, the trial court erred by dismissing the complaint.

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Turner v. R.W.S. (In the Interest of R.W.S.), No. 20060167, SUPREME COURT OF NORTH DAKOTA, March 5, 2007, Filed
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Overview: Even though the juvenile court violated the child's due process rights by refusing to remove his handcuffs at the delinquency hearing without independently deciding the necessity of restraints, the error was harmless given the overwhelming evidence against the child showing that he had committed burglary, robbery, and disorderly conduct.

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State v. Altru Health Sys., No. 20060107, SUPREME COURT OF NORTH DAKOTA, March 8, 2007, Filed
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Overview: There was no abuse of discretion under N.D. Cent. Code § 65-02-11, in prohibiting the claimant's treating physician and physician's assistant to review videotaped surveillance of the claimant, because compelling them to observe the videotape and make new observations went beyond the scope of the claimant's consent in N.D. Cent. Code § 65-05-30.

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