Strom-Sell v. COUNCIL FOR CONCERNED CITIZENS, INC.
Paula STROM-SELL, Plaintiff and Appellant, v. COUNCIL FOR CONCERNED CITIZENS, INC., Toni Austad, William Wilkerson, President, Board of Directors, Defendants and Appellees
Opinion
PER CURIAM.
[¶ 1] Paula Strom-Sell appeals from the trial court’s order denying her motion for a stay of execution. Essentially, Strom-Sell’s present appeal challenges an award of costs and disbursements which was part of a judgment previously affirmed by this Court in Strom-Sell v. Council for Concerned, Citizens, Inc., 1999 ND 132 , 597 N.W.2d 414 . We conclude this appeal is frivolous and completely without merit, and therefore, we summarily affirm under N.D.R.App.P. 35.1(a)(1).
[¶ 2] In addition, this Court awards Ap-pellees costs on appeal to be taxed and allowed in the court below under Rule 39, N.D.R.App.P., and damages in the amount of $1,000 under Rule 38, N.D.R.App.P. Under Rule 38, this Court may award “just damages and single or double costs including reasonable attorney’s fees” if we determine an appeal is frivolous. We have stated an appeal is frivolous if it is “flagrantly groundless, devoid of merit, or demonstrates persistence in the course of litigation which could be seen as evidence of bad faith.”
Matter of Estate of Opatz, 554 N.W.2d 813, 817 (N.D.1996). This is such an appeal. We, therefore, direct the Clerk of the Supreme Court to enter judgment for the Appellees accordingly.
[¶ 3] We hereby order that this decision be published in the regular manner, as provided under N.D.R.App.P. 35.1(c).
[¶ 4] GERALD W. VANDE WALLE, C.J., MARY MUEHLEN MARING, WILLIAM A. NEUMANN, DALE V. SANDSTROM and CAROL RONNING KAPSNER, JJ., concur.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.