Intel-Foods Corporation v. Alexander

Intel-Foods Corporation v. Alexander, 2002 ND 180, 655 N.W.2d 84

Filed Nov. 15, 2002
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2002 ND 180

Intel-Foods Corporation, Plaintiff and Appellee
v.
Donald Alexander, Defendant and Appellant and Nugrain Products Company, a North Dakota Corporation, and the United States of America, acting through the Internal Revenue Service, Stone Mill, Inc., Ambrose Hoff, Alexander-Peterson Inc., Alexander Farms, Inc., and Ethel Alexander, Defendants and Donald Alexander, Ethel Alexander, and Ag Acceptance Corporation, Intervenors

No. 20020112

Appeal from the District Court of Wells County, Southeast Judicial District, the Honorable James M. Bekken, Judge.
AFFIRMED.
Per Curiam.
Donald James Alexander, pro se, 2081 22nd Street Northeast, Martin, N.D. 58758.
James J. Coles, Coles Law Firm, P.C., P.O. Box 2162, Bismarck, N.D. 58502-2162, for plaintiff and appellee Intel-Foods.

Intel-Foods Corp. v. Alexander
No. 20020112

Per Curiam.

[¶1] Donald Alexander has appealed from a March 1, 2002, order denying his motion for a new trial. After a judgment was entered granting foreclosure of security interests on various items of Alexander's personal property, Alexander moved for a new trial on the basis of newly discovered evidence. The trial court denied the motion.

[¶2] Because the alleged newly discovered evidence was available to Alexander prior to trial, we conclude the trial court did not abuse its discretion in denying the motion for a new trial. See N.D.R.Civ.P. 59(b)(4). The remaining issues raised by Alexander on appeal are irrelevant and frivolous. Accordingly, we affirm under N.D.R.App.P. 35.1(a)(1) and (4).

[¶3] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
Laurie A. Fontaine, D.J.

[¶4] The Honorable Laurie A. Fontaine, D.J., sitting in place of Kapsner, J., disqualified.