Wiedemeier v. HerrCivil No. 11,149

Erickstad, Chief Justice.

Judgment affirmed under North Dakota Rules of Appellate Procedure 35.1(a)(2).*

Rule 38 of N.D.R.App.P., damages, double costs, and attorney's fees are disallowed. Other ordinary costs on appeal to prevailing party are allowed pursuant to Rule 39 of N.D.R.App.P.

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

"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:

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

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 NDRAppP 35.1(a)(1), (2), (3), (4), (5), (6), or (7).'"