Volume 980 — North Western Reporter, Second Series

Contradictory testimony is resolved in favor of affirmance on appeal. Wholesale or verbatim adoption of proposed findings of fact and conclusions of law is disapproved. However, wholesale adoption of proposed findings is not reason alone to reverse a court's decision. Adopted findings will be affirmed if they adequately explain the rationale for the court's decision and are not clearly erroneous. Parenting time decisions must be made based on the best interests of the child. Absent a reason for denying it, some form of extended summer parenting time is routinely awarded. An evidentiary decision will not be reversed unless the complaining party objected and the court's decision affects a party's substantial rights. A successor judge must certify him or herself as familiar with the record under N.D.R.Civ.P. 63 to proceed with a trial or hearing that has been commenced by a judge who cannot complete it.

An appeal from a decision of a county commission must be made within thirty days of the decision under N.D.C.C. § 28-34-01(1). The time to appeal commences when the commission votes to approve the decision.

There is no right to appeal when there is not a final judgment. The propriety of an appeal of a judgment which fails to resolve all of the claims is reviewable, even when none of the parties requested review.

A district court's orders for continuing hospitalization and involuntary treatment with medication are summarily affirmed under N.D.R.App.P. 35.1(a)(2).

A petitioner for a disorderly conduct restraining order must allege specific facts or threats showing the acts are intended to affect the petitioner's safety, security, or privacy.