must consider factors (North Dakota) · Go Syfert
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must consider factors in North Dakota

6 North Dakota opinions name it 1 courts 1982–2024 1 in the last five years

The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
City of Jamestown v. Kastetgreen
nd · 2022 · cited in 1 North Dakota opinions naming this issue, 2024–2024
2 sentences

2024See generally City of Jamestown v. Kastet, 2022 ND 40, ¶ 6 , 970 N.W.2d 187 (holding that a court must consider a defense if, when considering the record in the light most favorable to the defendant, there is sufficient evidence to support the defense). [¶15] Here, the error is partially harmless because Kevin Olson ultimately agreed physical partition of the land was warranted.

2024See generally City of Jamestown v. Kastet, 2022 ND 40, ¶ 6 , 970 N.W.2d 187 (holding that a court must consider a defense if, when considering the record in the light most favorable to the defendant, there is sufficient evidence to support the defense). [¶15] Here, the error is partially harmless because Kevin Olson ultimately agreed physical partition of the land was warranted.

11
Ryan v. Flemminggreen
nd · 1995 · cited in 1 North Dakota opinions naming this issue, 2000–2000
1 sentence

2000Ryan v. Flemming, 533 N.W.2d 920, 923 (N.D.1995).

11
State v. Reichgreen
nd · 1980 · cited in 1 North Dakota opinions naming this issue, 1982–1982
1 sentence

1982See State v. Reich, 298 N.W.2d 468, 471 (N.D.1980), and cases cited therein.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Vining v. Renton green
nd · 2012
1 sentence

2013E.g., Vining v. Renton, 2012 ND 86, ¶ 17 , 816 N.W.2d 63 ; Siewert v. Siewert, 2008 ND 221, ¶ 19 , 758 N.W.2d 691 . [¶ 35] The district court made extensive and detailed findings of fact on each of the best interest factors under N.D.C.C. § 14-09-06.2(1), finding five of the factors favored Kartes and none of them favored Muxlow.

12013–2013
Lynnes v. Lynnes green
nd · 2008
2 sentences

2013But, if substantial debts are excluded from the marital estate, this Court is unable to determine whether the district “court would have reached the same result in allocating the assets and debts had it correctly included the debts as part of the marital estate before allocating the debts between the parties.” Lynnes , at ¶ 22 (quotation and citation omitted). [¶ 26] “A district court’s valuation of property is presumed correct, and the evidence presented must be viewed in the light most favorable to the district court’s findings of fact.” Lynnes, 2008 ND 71, ¶ 16 , 747 N.W.2d 93 (citing Koryn

2013But, if substantial debts are excluded from the marital estate, this Court is unable to determine whether the district “court would have reached the same result in allocating the assets and debts had it correctly included the debts as part of the marital estate before allocating the debts between the parties.” Lynnes , at ¶ 22 (quotation and citation omitted). [¶ 26] “A district court’s valuation of property is presumed correct, and the evidence presented must be viewed in the light most favorable to the district court’s findings of fact.” Lynnes, 2008 ND 71, ¶ 16 , 747 N.W.2d 93 (citing Koryn

12013–2013
Siewert v. Siewert green
nd · 2008
2 sentences

2013E.g., Vining v. Renton, 2012 ND 86, ¶ 17 , 816 N.W.2d 63 ; Siewert v. Siewert, 2008 ND 221, ¶ 19 , 758 N.W.2d 691 . [¶ 35] The district court made extensive and detailed findings of fact on each of the best interest factors under N.D.C.C. § 14-09-06.2(1), finding five of the factors favored Kartes and none of them favored Muxlow.

2013E.g., Vining v. Renton, 2012 ND 86, ¶ 17 , 816 N.W.2d 63 ; Siewert v. Siewert, 2008 ND 221, ¶ 19 , 758 N.W.2d 691 . [¶ 35] The district court made extensive and detailed findings of fact on each of the best interest factors under N.D.C.C. § 14-09-06.2(1), finding five of the factors favored Kartes and none of them favored Muxlow.

12013–2013
Korynta v. Korynta green
nd · 2006
2 sentences

2013But, if substantial debts are excluded from the marital estate, this Court is unable to determine whether the district “court would have reached the same result in allocating the assets and debts had it correctly included the debts as part of the marital estate before allocating the debts between the parties.” Lynnes , at ¶ 22 (quotation and citation omitted). [¶ 26] “A district court’s valuation of property is presumed correct, and the evidence presented must be viewed in the light most favorable to the district court’s findings of fact.” Lynnes, 2008 ND 71, ¶ 16 , 747 N.W.2d 93 (citing Koryn

2013But, if substantial debts are excluded from the marital estate, this Court is unable to determine whether the district “court would have reached the same result in allocating the assets and debts had it correctly included the debts as part of the marital estate before allocating the debts between the parties.” Lynnes , at ¶ 22 (quotation and citation omitted). [¶ 26] “A district court’s valuation of property is presumed correct, and the evidence presented must be viewed in the light most favorable to the district court’s findings of fact.” Lynnes, 2008 ND 71, ¶ 16 , 747 N.W.2d 93 (citing Koryn

12013–2013
Vining v. Renton green
nd · 2012
1 sentence

2013E.g., Vining v. Renton, 2012 ND 86, ¶ 17 , 816 N.W.2d 63 ; Siewert v. Siewert, 2008 ND 221, ¶ 19 , 758 N.W.2d 691 . [¶ 35] The district court made extensive and detailed findings of fact on each of the best interest factors under N.D.C.C. § 14-09-06.2(1), finding five of the factors favored Kartes and none of them favored Muxlow.

12013–2013
Ruff v. Ruff green
nd · 1952
2 sentences

2013After including all of the parties’ marital property and debts in the marital estate, a court must consider the factors emanating from Ruff, 78 N.D. 775 , 52 N.W.2d 107 , and Fischer, 139 N.W.2d 845 , in its property distribution.

2013After including all of the parties’ marital property and debts in the marital estate, a court must consider the factors emanating from Ruff, 78 N.D. 775 , 52 N.W.2d 107 , and Fischer, 139 N.W.2d 845 , in its property distribution.

12013–2013
Fischer v. Fischer green
nd · 1966
2 sentences

2013After including all of the parties’ marital property and debts in the marital estate, a court must consider the factors emanating from Ruff, 78 N.D. 775 , 52 N.W.2d 107 , and Fischer, 139 N.W.2d 845 , in its property distribution.

2013IV [¶ 54] Nathan Holte argues “[t]he trial court’s explanation for the sub stantial disparity in the property distribution is clearly erroneous.” [¶ 55] After including all of the parties’ marital property and debts in the marital estate, a court must consider the factors emanating from Ruff, 78 N.D. 775 , 52 N.W.2d 107 , and Fischer, 139 N.W.2d 845 , in its property distribution.

12013–2013
Lawrence v. Delkamp green
nd · 2000
2 sentences

2006Lawrence v. Delkamp, 2000 ND 214, ¶ 3 , 620 N.W.2d 151 .

2006Lawrence v. Delkamp, 2000 ND 214, ¶ 3 , 620 N.W.2d 151 .

12006–2006

Where else courts name it

NY 68 (1991–2026) OH 65 (1990–2025) IL 54 (1983–2026) CT 49 (1990–2018) AL 45 (1992–2025) TN 22 (1997–2026) CA 22 (1970–2025) TX 18 (1981–2025) PA 18 (2005–2023) CO 17 (1962–2025) NJ 15 (1985–2026) VA 14 (1998–2025) KS 13 (1992–2024) OR 10 (2005–2025) MO 9 (1992–2003) LA 8 (1972–2021) FL 8 (1995–2011) WA 8 (2010–2023) ME 7 (1994–2019) MN 6 (1984–1987) ND 6 (1982–2024) WI 5 (1987–2025) MD 5 (1995–2025) ID 5 (2001–2024) DE 5 (1995–2026) VT 5 (1998–2026) MT 4 (2005–2024) IA 4 (2018–2020) MA 4 (1997–2020) GA 4 (2019–2020) AZ 4 (2009–2024) UT 3 (1995–2023) IN 3 (1992–2020) NC 3 (1980–2019) NM 3 (2023–2025) WV 3 (2010–2016) MI 3 (1951–2017) DC 2 (2009–2009) NV 2 (1999–2015) SD 2 (1980–1989)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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