Mathisen v. Becker-Johner
Citation999 N.W.2d 202, 2023 ND 241
Date Filed2023-12-15
Docket20230263
JudgePer Curiam
Cited0 times
StatusPublished
Syllabus
A brief is deficient if it fails to raise a legal argument, including the authorities on which it relies. A district court order and judgment granting summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(8).
Full Opinion (html_with_citations)
FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
DECEMBER 15, 2023
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2023 ND 241
Kelly Mathisen and Char Mathisen, Plaintiffs and Appellees
v.
Marvin Becker-Johner, Defendant and Appellant
No. 20230263
Appeal from the District Court of McKenzie County, Northwest Judicial
District, the Honorable Daniel S. El-Dweek, Judge.
AFFIRMED.
Per Curiam.
Thomas E. Kalil, Williston, ND, for plaintiffs and appellees.
Marvin Becker-Johner, self-represented, Watford City, ND, defendant and
appellant.
Mathisen v. Becker-Johner
No. 20230263
Per Curiam.
[¶1] Marvin Becker-Johner appeals from a district court order granting a
motion for summary judgment in favor of the Mathisens after he failed to
respond to the motion. Becker-Johner contends the court erred because he had
previously responded to similar motions and the judgment fails to adequately
define the easement’s boundaries. Becker-Johner’s appellate brief does not
include a legal argument, does not include any supporting authorities for his
assertions, fails to provide any reference to the evidentiary record, and does
not contain the minimum requirements provided in N.D.R.App.P. 28. See State
v. Noack, 2007 ND 82, ¶ 9,732 N.W.2d 389
(“[A] brief must contain a statement
of the issues presented for review; a statement of the facts and, where those
facts are disputed, references to the evidentiary record supporting the
appellant’s statement of the facts; and the appellant’s legal argument,
including the authorities on which the appellant relies.”). We summarily affirm
under N.D.R.App.P. 35.1(a)(8).
[¶2] Jon J. Jensen, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
Douglas A. Bahr
1