Opinions
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Estate of Kish
Highlight: A two-step analysis is required to determine whether an order is appealable. First, for this Court to have appellate jurisdiction, the order being appealed must meet statutory criteria for appealability. Second, for this Court to consider the appeal at this time, the requirements of N.D.R.Civ.P. 54(b) must have been satisfied. |
Vacancy in Judgeship No. 8, ECJD
Highlight: Vacancy retained at Fargo |
Cichos, et al. v. Dakota Eye Institute, P.C., et al.
Highlight: Case Highlight: Rule 54(b), N.D.R.Civ.P., preserves our long-standing policy against piecemeal appeals. When this Court considers the merits in a case involving a N.D.R.Civ.P. 54(b) certification, it does so because the resolution of the issue on appeal will always need to be resolved and is separate from the issue left to be adjudicated. |
Schmidt v. Hess Corp., et al.
Highlight: Case Highlight: To prove negligence, a plaintiff must establish the existence of a duty, breach of that duty, and an injury proximately caused by the breach of duty. |
State v. Fuglesten
Highlight: A criminal judgment entered after a conditional plea is reversed and remanded to allow for withdrawal of the guilty plea because law enforcement illegally entered the home without exigent circumstances. If a misdemeanant is fleeing law enforcement, then exigent circumstances are required to permit law enforcement to enter the misdemeanant's home. |
Rennie v. State
Highlight: Case Highlight: A district court order denying a petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
Garaas, et al. v. Continental Resources, et al.
Highlight: We will not consider an appeal in a multi-claim lawsuit where the district court order disposes of fewer than all the claims against all the parties unless the court has determined that a certification under N.D.R.Civ.P. 54(b) is appropriate. |
Berdahl v. Berdahl
Highlight: Case Highlight: When this Court has made a legal pronouncement and remanded a case for further proceedings, the parties may not relitigate the issue and the district |
Interest of H.J.J.N.
Highlight: Case Highlight: Litigants in civil nonjury cases have a right to have their attorneys make a final argument. A court errs by entering judgment prior to the closing of the briefing period. |
Interest of S.S.C.
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