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   State Courts - North Dakota - June 7, 2007

  
Cline v. Cline, No. 20060249, SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Overview: Trial court erred by awarding a father a credit against his annual child support obligation as it failed to follow the child support guidelines under N.D. Admin. Code ch. 75-02-04.1 to determine what adjustment he should have received for his extended visitation and related travel expenses due to the mother's relocation with the parties' children.

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D.G.L. Trading Corp. v. Reis, No. 20070052, SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Overview: Because the district court did not apply N.D. Cent. Code §§ 41-02-43 and 41-02-44, and did not resolve conflicts in the evidence to determine whether the parties agreed to alter the risk of loss, the district court's judgment that defendant buyer was not liable for a delivery service's loss of a diamond and cash payment was reversed and remanded.

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Dietz v. Dietz, No. 20060229, SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Overview: District court should have granted a father an evidentiary hearing in a custody case because he established a prima facie case for modification under N.D. Cent. Code § 14-09-06.6 based on a mother's relocation within a state, allegations of abuse, the mother's remarriage and entry into a medical residency program, and the children's preference.

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Dvorak v. Dvorak, No. 20060050, SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Overview: Trial court properly ordered a trustee to pay a father's interest in a trust to the child support enforcement unit and the mother for the father's child support arrearages as the father's attempted assignments of his interest in the trust were void under N.D. Cent. Code § 14-09-08.17.

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Finley v. N.D. Dep't of Transp., No. 20070020, SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Lynch v. Sweeney, No. 20060104, SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Overview: Trial court did not abuse its discretion in awarding father a smaller amount of attorney fees than he requested under N.D. Cent. Code § 14-09-24, based on the mother's interference with his visitation rights, because the father failed to prove the actual amount of attorney fees he incurred in fighting the denial of his visitation rights.

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Mantz v. Mantz, No. 20060365, SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Mountain v. State, No. 20060357, SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Rydell GM Auto Ctr., Inc. v. Johnson, No. 20070037, SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Schock v. L.J. (In re L.J.), No. 20060376, SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Overview: The termination of a father's parental rights was proper under N.D. Cent. Code § 27-20-44(1)(b)(2) because the father was incarcerated at the time that the State petitioned to terminated his parental rights and because the children had been in foster care for 673 consecutive days.

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