Syvertson v. Malaktaris

North Dakota Supreme Court

Decided December 11, 2000

North Dakota Supreme Court · decided 2000-12-11

Cited by 6 later decisions — most recently November 2002

6 state decisions

Relies on Burke v. North Dakota Department of Corrections & Rehabilitation

Good law ✅— No negative treatment on recordhow we know

Decided 2000-12-11

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¶1NOTE: SUMMARY OPINION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1 Per Curiam.

¶2[¶ 1] Charles E. Syvertson appeals from a judgment dismissing his complaint under Rule 12(b), N.D.R.Civ.P. This Court reviews an appeal from a Rule 12(b), N.D.R.Civ.P., dismissal in a light most favorable to the plaintiff, taking as true the allegations in the complaint. Burke v. North Dakota Dep't of Corrections andRehabilitation, 2000 ND 85, ¶ 4, 609 N.W.2d 729. Under Rule 35.1(a)(6), N.D.R.App.P., we summarily affirm the trial court's judgment.

¶3 [¶ 2] GERALD W. VANDEWALLE, C.J.

¶4MARY MUEHLEN MARING

¶5WILLIAM A. NEUMANN

¶6CAROL RONNING KAPSNER

¶7DAVID W. NELSON, D.J.

¶8 [¶ 3] The Honorable DAVID W. NELSON, D.J., sitting in place of SANDSTROM, J., disqualified.