Marler v. Martin

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Court Description: 238 A judgment and order denying a motion for a new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).



IN THE SUPREME COURT STATE OF NORTH DAKOTA 2018 ND238

Brian Marler, Plaintiff
v.
Kevin Martin, Defendant, Third-Party Plaintiff, and Appellant
and
Jonathan A. Gerena and Rory Wilson, ABOS LLC, Brandon C. Knudson, Third-Party Defendants

No. 20180019

Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable Kirsten Marie Sjue, Judge.
AFFIRMED.
Per Curiam.
Kevin S. Martin (argued), self-represented, Galeton, CO, defendant, third-party plaintiff, and appellant.
Brian Marler, plaintiff; no appearance.

Marler v. MartinNo. 20180019

Per Curiam.

[¶1] Kevin Martin appeals from a judgment entered after a jury awarded Brian Marler $10,400 in damages for breach of contract and from an order denying Martin's motion for a new trial. On appeal, Martin raises thirteen separate issues for this Court to address. This Court is limited to a review of the issues Martin raised in his motion for a new trial. See Prairie Supply, Inc. v. Apple Elec., Inc., 2015 ND 190, ¶ 7, 867 N.W.2d 335. We conclude the district court did not abuse its discretion in denying Martin's motion for a new trial. We summarily affirm under N.D.R.App.P. 35.1(a)(4) and (7).

[¶2] Gerald W. VandeWalle, C.J.
Jon J. Jensen
Jerod E. Tufte
Daniel J. Crothers
Lisa Fair McEvers

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