Otten v. Otten
Citations
- 2023 ND 134
Syllabus
A district court judgment dividing marital property, weighing the best interest factors and awarding parenting time is affirmed. A district court has broad discretion over the progress and conduct of a trial, and the determination whether to grant a continuance lies within the sound discretion of the district court. Under N.D.R.App.P. 38, this Court may award attorney's fees if the appeal is frivolous. An appeal is frivolous if it is flagrantly groundless, devoid of merit, or demonstrates persistence in the course of litigation which evidences bad faith.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiff’s “proximity argument and her reliance on proximity evidence fails the legal standard under Texas law for determining a premises owner’s constructive knowledge”
- “Reece mandates the conclusion that the accident’s occurrence just two feet from a cashier is, by itself, non-determinative of Wal-Mart’s constructive knowledge.” (internal quotation marks omitted)
- “[T]he rule in Texas is that temporal evidence . . . is the sine qua non of a premises owner’s constructive knowledge.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bahr, Douglas Alan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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