City of Fargo v. KuballCriminal No. 1194

VandeWalle, Justice.

Paul Kuball was convicted in the Fargo municipal court of driving a vehicle without liability insurance and of driving a vehicle without an operator's license. He appealed the convictions to the county court of Cass County for trial anew, and was found guilty by a jury. Kuball appealed from the judgment of conviction of the county court and filed his brief on April 16, 1987. Following the filing of the appellee's brief on behalf of the City on May 15, counsel for the City on May 18, sixteen days before oral argument, filed a motion for dismissal of Kuball's appeal on the following grounds:

1. The appeal is not authorized by law;

2. Kuball failed to timely file his brief;

3. Kuball failed to order a transcript;

4. Kuball failed to properly designate his appendix;

5. Kuball failed to prosecute his appeal; and

6. Kuball's appeal is frivolous.

Because the City's motion was filed after the City's brief on the merits, we deny the motion to dismiss Kuball's appeal.

We affirm the judgment of the county court pursuant to Rule 35.1(a)(1), N.D.R.App.P.

Gerald W. VandeWalle
Beryl J. Levine
Herbert L. Meschke
H.F. Gierke III
Ralph J. Erickstad, C.J.