Case v. Golden Cue Billiards, Inc. and Asleson Company, Inc. v. Hamby Creek Enterprises, et al.Civil No. 11318 & 11319

Erickstad, Chief Justice.

Asleson Company, Inc. appeals from an order of the District Court of Ward County denying its motion for a new trial. We affirm the order under NDRAppP 35.1(a)(4).1

Ralph J. Erickstad, C.J.
Gerald W. VandeWalle
H.F. Gierke III
Beryl J. Levine
J. Philip Johnson

Footnote:

"RULE 35.1 SUMMARY DISPOSITION

"(a) Affirmance by Summary Opinion. In any case in which the court determines after argument, unless waived, that no reversible error of law appears and insofar as applicable:

(1) the appeal is frivolous and completely without merit;

(2) the judgment of the trial court is based on findings of fact that are not clearly erroneous;

(3) the verdict of the jury is supported by substantial evidence;

(4) the trial court did not abuse its discretion;

(5) the order of an administrative agency is supported by a preponderance of the evidence;

(6) the summary judgment, directed verdict, or Judgment on the pleadings is supported by the record; or,

(7) a previous controlling appellate decision is dispositive of the appeal, the court may affirm by an opinion citing this rule and indicating which one or. more of the above criteria applies and citing any previous controlling appellate decision. The opinion may be in the following form: 'Affirmed under NDRApp.P., 35.1(a)(1), (2), (3), (4), (5), (6), or M.'

"(b) Quarterly Publication. A list indicating the disposition of all decisions rendered by the supreme court under subdivision (a) must be submitted for quarterly publication in the North Western Reporter, except for those decisions the supreme court specially orders to be published in the regular manner."