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North Dakota Supreme Court affirms multiple juvenile terminations and addresses diverse legal issues

LEGAL NEWSLINE

Wednesday, December 25, 2024

North Dakota Supreme Court affirms multiple juvenile terminations and addresses diverse legal issues

State AG
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Justice Jerod Tufte | North Dakota Supreme Court Website

The North Dakota Supreme Court issued several opinions on October 24, 2024, concerning a range of legal issues from termination of parental rights to civil contract disputes.

In the cases titled "Interest of J.S.", "Interest of N.S.", and "Interest of B.S.", juvenile court orders terminating parental rights were summarily affirmed under the North Dakota Rules of Appellate Procedure 35.1(a)(2) and (4). These cases highlight the application of appellate rules in affirming lower court decisions without detailed written opinions.

Another case, "Malloy, et al. v. Behrens", addressed civil contract issues. The court clarified procedures for sheriffs executing judgments under N.D.C.C. § 28-21-06(1), emphasizing that judgments should first be satisfied through personal property before resorting to real property. It also discussed exemptions and lien priorities during execution sales.

In "Kirchmeier v. Monson, et al.", the court outlined requirements for substituting parties under Rule 25 when a party dies during district court proceedings, stressing procedural compliance before continuation.

A criminal appeal, "State v. White Bird", resulted in a summary affirmation of judgment under N.D.R.App.P. 35.1(a)(4) and (7).

In family law, the case "Edison v. Edison" saw an amended divorce judgment affirmed with clarifications on self-employment income calculations per administrative code guidelines.

The domestic violence protection order in "Tracy v. Tracy" was upheld based on factual findings deemed not clearly erroneous by the district court.

The mental health appeal in "Interest of D.K.A." considered mootness and collateral consequences when assessing appeals' practical legal effects.

Finally, in child support matters like "Santora v. Santora, et al.", motions to vacate judgments were summarily affirmed under relevant appellate rules.

Overall, these decisions reflect various aspects of North Dakota's legal landscape as interpreted by its highest court.

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