[¶1] A.H.O. appealed from a district court judgment granting A.H.O. and P.A. joint custody of their son, J.O. A.H.O. argues that she should have been awarded primary physical custody. P.A. cross-appeals, asserting that the district court did not err in awarding joint custody, but if it was error, he should have been given primary physical custody. We affirm, holding that the district court was not clearly erroneous in awarding joint custody... I... [¶2] Our review of the record...  

[¶1] Larry Kucera appealed from a divorce judgment dissolving his marriage with Franceillia Kucera, asserting the district court's award of spousal support and property division are clearly erroneous. Larry Kucera also argues the district court abused its discretion by not granting a new trial. We affirm under N.D.R.App.P. 35.1(a)(2) and (4)... [¶2] Gerald W. VandeWalle, C.J... Mary Muehlen Maring... Dale V. Sandstrom... Carol Ronning Kapsner... William A. Herauf, D.J... [¶3] The...  

[¶1] Trevor Kaseman appeals from an Amended Criminal Judgment ordering Kaseman to pay $10,008.44 in restitution. We hold the district court abused its discretion in amending the Criminal Judgment by increasing the amount of restitution owed from $ 305 to $10,008.44. We reverse the Amended Criminal Judgment and reinstate the Criminal Judgment dated October 10, 2007... I... [¶2] At his October 8, 2007 preliminary hearing, Kaseman pled guilty to the following crimes: Attempted Escape,...  

[¶1] Opal Myrvik, as personal representative of the estate of Ernest Samuelson, and the Ljunggren family (collateral heirs of Hulda Samuelson), appeal a district court order on a Petition for Adjudication of Intestacy and Determining Heirs. We conclude intestate succession governs the distribution of the remainder of Ernest Samuelson's estate, Ernest Samuelson did not effectively exclude Amanda West and Robin West, and Amanda West and Robin West are entitled to the intestate estate. We...  

[¶1] Roland Riemers appeals the district court's grant of default judgment against him. We affirm the judgment... I... [¶2] In 2006, the Grand Forks Herald listed a classified advertisement for an apartment which included the words "No HAP." The Fair Housing of the Dakotas filed a complaint with the North Dakota Department of Labor, alleging the advertisement violated N.D.C.C. § 14-02.5-03, because it discriminated against persons receiving public assistance. The North...  

[¶1] Rory Clark appealed from a district court judgment affirming a Workforce Safety and Insurance ("WSI") order awarding him workers compensation benefits on an aggravation basis of 50 percent. We affirm... I... [¶2] On April 5, 2006, Rory Clark filed an application for workers' compensation benefits with WSI. The application was filed in connection with an injury sustained to his lower back on October 12, 2005. The injury occurred at Rory Clark's place of employment, where...  

[¶1] Shannon J. Horton appeals the district court's order rejecting the judicial referee's findings of fact and conclusions of law changing the parties' minor child's surname to reflect his father's surname. Horton argues that the district court erred in relying on factual inaccuracies and that its decision is induced by an erroneous view of the law... [¶2] The district court's order is affirmed under N.D.R.App.P. 35.1(a)(2)... [¶3] Gerald W. VandeWalle, C.J... Daniel J....  

[¶1] Paul Royer and Heather Royer appeal from a judgment evicting them from an Ellendale home they had attempted to purchase from Lewis House. The Royers argue the district court erred in following the eviction procedures for violation of a written lease agreement under N.D.C.C. ch. 33-06 rather than the procedures for cancellation of land contracts under N.D.C.C. ch. 32-18. The Royers did not raise this issue in the district court. This Court does not address issues raised for the first...  

[¶1] Eric Boren appeals from the district court's issuance of an administrative search warrant and order compelling an electrical inspection. Because we conclude Boren's appeal is interlocutory, we dismiss... I... [¶2] In 2004 Boren and his wife contracted with Johnson Electric to install electrical wiring and fixtures in a new addition to their home southwest of Devils Lake. After completion of the project, Johnson Electric submitted an "Electrical Wire Certificate" to the...  

[¶1] Jerry Brodell, Sr. and Jerry Brodell, Jr. appealed from a district court judgment holding that the doctrine of acquiescence did not apply to their land dispute with George Brown. We affirm, concluding that the decision of the district court was not clearly erroneous... I... [¶2] The parties own adjoining property in Freeborn Township in Eddy County. Jerry Brodell, Sr. has owned and occupied the southwest quarter of Section 19 since 1951. George Brown has owned the southeast...  

[¶1] Jim Broten, Eric Broten, and Broten Farms (collectively "Brotens") appeal from a district court order arising in connection with insolvency proceedings commenced by the North Dakota Public Service Commission ("PSC") against Minnesota Grain, Inc. ("Minnesota Grain"). The district court found Minnesota Grain was an insolvent grain warehouseman under N.D.C.C. ch. 60-04 and appointed the PSC to serve as trustee of the trust fund created for the benefit of Minnesota...  

[¶1] R.A.S. appeals from a district court order denying his petition for discharge from commitment as a sexually dangerous individual. He argues the State did not prove by clear and convincing evidence that he is likely to engage in further acts of sexually predatory conduct and his substantive due process rights were violated. We conclude the district court did not make sufficient findings of fact, and we reverse and remand for further findings... I... [¶2] In 2004, R.A.S. was...  

[¶1] John Douglas Wetzel appeals from an order deferring the imposition of his sentence, entered after the district court denied his motion to dismiss criminal charges against him for terrorizing, aggravated assault, reckless endangerment, and criminal mischief, and he conditionally pled guilty to the charges under N.D.R.Crim.P. 11(a)(2). Wetzel argues the Burleigh County State's Attorney does not have jurisdiction to prosecute criminal charges for offenses alleged to have been committed...  

[¶1] Donald Ebach appeals from an order denying his motion to reduce or eliminate his spousal support obligation to Lana Ebach. We conclude the district court failed to make sufficient findings of fact to allow this Court to properly review its decision, and we reverse and remand for additional findings... I... [¶2] Donald and Lana Ebach divorced in 1997. At the time of the divorce, Lana Ebach was 52 years old, was earning $16,495 annually employed as an eligibility worker with...  

[¶1] Janis Schmidt appealed from a judgment affirming Job Service North Dakota's order denying her unemployment benefits after Job Service decided the Warwick Public School District terminated her employment for misconduct. We hold that a reasoning mind could reasonably find Schmidt deliberately disregarded her employer's interests and violated standards the employer had a right to expect from her; that finding supports the conclusion Schmidt was not entitled to unemployment compensation...  

[¶1] 3D Printing, Inc. ("3D"), appeals from a judgment dismissing its counterclaim against Lord & Stevens, Inc, doing business as Express Press (collectively "Express Press"), for expenses incurred during the parties' unsuccessful attempt to merge their printing companies. We conclude the district court's finding the parties' agreement "contemplated that no expenses would be paid" is not clearly erroneous, and therefore, 3D's attempt to use the doctrine of unjust...  

[¶1] Robert V. Bolinske petitioned this Court to invoke its original jurisdiction and issue a writ of mandamus directing Secretary of State Alvin A. Jaeger to accept a petition to place Bolinske's name on the November 4, 2008, general election ballot for the unexpired four-year term for justice of the North Dakota Supreme Court. Bolinske claims there is a vacancy on the ballot because there is currently only one candidate for that position and Jaeger was required by North Dakota law to...  

[¶1] Workforce Safety and Insurance ("WSI") appeals from a district court judgment reversing a WSI order reinstating Jody Drayton's disability benefits to the date of their termination and awarding her attorney's fees. We conclude that WSI appropriately exercised its continuing jurisdiction to assess Drayton's vocational rehabilitation; that Drayton was properly found in noncompliance with vocational rehabilitation; and that a reasoning mind could reasonably find Drayton...  

[¶1] Robert Johnson appeals two district court judgments entered after a jury found him guilty of contact by bodily fluids with a law enforcement officer and a person lawfully present in a correctional facility who is not an inmate, in violation of N.D.C.C. § 12.1-17-11(1)(a) and (c). Johnson argues there was insufficient evidence to sustain the jury verdict. Testimony and forensic evidence presented at the trial support the jury findings. Concluding the criminal judgments are...  

[¶1] Levi Krogen appeals the district court's criminal judgment entered on a conditional guilty plea to the charge of driving under suspension, a class A misdemeanor, after the district court denied his motion to suppress evidence obtained during an investigative motor vehicle stop. On appeal, Krogen argues the stop was not justified by a reasonable and articulable suspicion that he was violating the North Dakota motor vehicle registration laws. In State v. Skarsgard, 2007 ND 160, ¶...