Praska v. StateCivil No. 950073

Per Curiam.

Michael Praska appeals from an order dismissing his petition for post-conviction relief. Praska argues a genuine issue of material fact exists, precluding summary dismissal. Although the district court issued an order denying the petition for post-conviction relief, it is clear the court intended the order to have the effect of a final judgment. We, therefore, treat the appeal as an appeal from a final judgment. Kaiser v. State, 417 N.W.2d 175, 177 (N.D. 1987).

We affirm the order under Rule 35.1(a)(6), N.D.R.App.P.

Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Beryl J. Levine
Herbert L. Meschke