938 N.W.2d
Volume 938 — North Western Reporter, Second Series
13 opinions
- 938 N.W.2d 151Estate of Albrecht (2020)
The district court's factual findings in a partition action will not be reversed on appeal, unless they are clearly erroneous. The district court must consider the facts and circumstances of each case to determine ownership of personal property. The district court has discretion to allow attorney's fees and personal representative's fees in probate cases.
- 938 N.W.2d 159Aftem Lake Developments Inc. v. Riverview Homeowners Assoc. (2020)
A statutory dedication of property divests the donor of ownership in the property.
- 938 N.W.2d 329Western Ethanol Co. v. Midwest Renewable Energy (2020)
- 938 N.W.2d 372De Mateo v. Mateo-Cristobal (2020)
- 938 N.W.2d 399Hustle Proof v. Matthews (2020)
A party seeking relief from a judgment under N.D.R.Civ.P. 60(b)(6) must factually demonstrate exceptional circumstances. Absent exceptional circumstances, the district court does not abuse its discretion in denying the party relief from the judgment under Rule 60(b)(6).
- 938 N.W.2d 405Reese v. Reese-Young (2020)
The law in North Dakota is expressed by various sources, including statutes and common law, and the common law applies when it does not conflict with statutory law. Under the common law open mines doctrine, the owner of a life estate in minerals is entitled to the royalties and other payments under an oil and gas lease when a well was producing under the lease at the time of the creation of the life estate and the instrument creating the life estate did not exclude application of the doctrine.
- 938 N.W.2d 417Vetter v. Vetter (2020)
A district court's award of primary residential responsibility of minor child to mother after she had been convicted of child abuse was not clearly erroneous. District court did not err in requiring an equalization payment be made after dividing marital property in long-term marriage.
- 938 N.W.2d 876Westerhold v. Dutton (2020)
- 938 N.W.2d 902State v. Gratton (2020)
- 938 N.W.2d 908State v. Lyon (2020)
Issues which are beyond the scope of a remand in a prior appeal will not be addressed in a subsequent appeal after remand. Under the law of the case doctrine, a party cannot on a second appeal relitigate issues which were resolved by the court in a first appeal or which would have been resolved had they been properly presented in the first appeal. Appellate review of a sentencing court's decision is confined to whether the sentencing court acted within the limits prescribed by statute or substantially relied on an impermissible factor.
- 938 N.W.2d 912State v. Sah (2020)
- 938 N.W.2d 915City of West Fargo v. Ekstrom (2020)
- 938 N.W.2d 924Stevenson v. Biffert (2020)
This Court does not reweigh the evidence or reassess the credibility of witnesses in a primary residential responsibility case. A district court acquires subject matter jurisdiction over an issue when the particular issue to be decided is properly brought before the court. Issues not raised in the pleadings may be tried by the parties' express or implied consent.