Walter v. Garnaas Civil No. 930084

Per Curiam.

Ricky Walter appealed from a district court summary judgment, asserting that there are material issues of fact regarding the personal liability of A. L. Garnaas, former president of the Farmers and Merchants Bank of Sheyenne, for failure to timely provide a promised bank loan. The judgment is affirmed pursuant to Rule 35.1(a)(6), N.D.R.App.P.

The personal representative of Garnaas's estate seeks attorney's fees under Rule 38, N.D.R.App.P. The appeal is not frivolous and the personal representative is not entitled to an award of attorney's fees.

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