A11-894 In the Matter of the Welfare of the Children of: A. B. and A. B., Parents LARKIN, Judge Appellant-mother challenges the district court’s termination of her parental rights, arguing that the evidence is insufficient to sustain the termination. Because the district court did not err in concluding that appellant is palpably unfit to be …
Geisler v. Geisler (Unpublished)
A10-2299 In re the Marriage of: Danielle K. Geisler, n/k/a Reitan, petitioner, Respondent, vs. Kenneth I. Geisler, Appellant. ROSS, Judge Spousal maintenance recipient Danielle Reitan and obligor Kenneth Geisler both moved the district court to modify Geisler’s monthly obligation. Reitan moved to increase the obligation because she stopped receiving child support, and Geisler moved to …
O’Neil v. O’Neil (Unpublished)
A10-2245 In re the Marriage of: Lyn Marie O’Neil, petitioner, Respondent, vs. Kevin Joseph O’Neil, Appellant. STAUBER, Judge On appeal from the district court’s post-dissolution order requiring the sale of certain homestead property awarded to appellant-husband in the dissolution judgment, appellant argues that the district court’s order impermissibly modified the judgment and decree by modifying …
Price v. Price (Unpublished)
A10-1817 Anna Filomena Modeo-Price, for herself and on behalf of Luke & Tecla Modeo-Price, as their parent and natural guardian, petitioner, Respondent, vs. Anthony Keith Price, Appellant. MINGE, Judge Appellant challenges the district court’s issuance of an order for protection (OFP) and denial of his motion to remove his children’s guardian ad litem. Because we …
Custody of J.W.V.H. (Unpublished)
A10-1490 In re the Custody of J. W. V. H. Duane Arnold Van Hoever, plaintiff, Respondent, vs. Candelauria Camilla Akin, Appellant, Julie Friedrich, Guardian ad Litem. ROSS, Judge Candelauria Akin challenges the district court’s order granting her and Duane Van Hoever joint physical and legal custody of their seven-year-old son, J.W.V.H. The order modifies a …
Welfare of the Child of J.M and K.N. (Unpublished)
A11-620 In the Matter of the Welfare of the Child of: J. M. and K. N., Parents ROSS, Judge Appellant Becker County Human Services asks us to reverse the district court’s decision refusing to terminate the parental rights of respondents J.M. and K.N. to their infant daughter. The county removed the newborn girl from her …
INS – no insurer subrog. v. insured’s tenant who didn’t agree to carry 1st party ppty dmg. insurance
Court’s syllabus:
An insurer cannot maintain a subrogation action against a tenant of its insured who negligently causes water damage, absent an express agreement requiring the tenant to carry first-party, property-damage insurance.
EMP|EDU – unemployment ineligibility for school contractor’s employee
Court’s syllabus:
An individual employed by an educational-service agency that contracted to provide services to an educational institution is ineligible to receive unemployment benefits during time not worked between academic years or terms when the individual reasonably anticipates returning to the employment.
AG|UCC – livestock production liens; priority, perfection, and notification
Court’s syllabus:
A holder of a perfected livestock production input lien may not obtain priority over a lender’s security interest that was perfected earlier in time unless the holder of the livestock production input lien complies with the lien-notification requirements set forth in Minn. Stat. ยง 514.966, subd. 3(b) (2010).
CIV PRO – no abuse of discretion refusing to certify question of law to a state court
Court’s unofficial summary:
Civil case – Mineral leases. District court did not abuse its discretion by refusing to certify a question of law to the North Dakota Supreme Court concerning the meaning of the term “engaged in drilling” as the question was not determinative; court would not certify question as rephrased for appeal; term is not ambiguous and means engaged in drilling operations or reworking operations; thus, the district court correctly interpreted the disputed term when it found Hess was engaged in drilling operations before the primary terms of the lease expired.