Lang v. Barrios, 930196

• Decision Date: 10 November 1993
• Docket Number: No. 930196,930196
• Parties: NOTICE: "SUMMARY DISPOSITION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1(a)." Ernest LANG, Plaintiff and Appellant v. A.J. BARRIOS in his capacity as Deputy Sheriff of Burleigh County; Burleigh County, acting through its Sheriff's Department; Bank of Steele, Defendants and Appellees and Anton Binstock, Defendant Civ.
• Court: North Dakota Supreme Court

Page 273

509 N.W.2d 273

NOTICE: "SUMMARY DISPOSITION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1(a)."

Ernest LANG, Plaintiff and Appellant v. A.J. BARRIOS in his capacity as Deputy Sheriff of Burleigh

County; Burleigh County, acting through its

Sheriff's Department; Bank of Steele,

Defendants and Appellees

and

Anton Binstock, Defendant

Civ. No. 930196.

Supreme Court of North Dakota.

Nov. 10, 1993.

Appeal from the District Court for Burleigh County, South Central Judicial District, Dennis A. Schneider, Judge.

Ernest Lang, plaintiff and appellant, pro se.

Wickham Corwin of Conmy, Feste, Bossart, Hubbard & Corwin, Ltd., Fargo, for appellee Bank of Steele.

Patricia L. Burke, State's Atty., Bismarck, for defendants and appellees.

District Court, Burleigh County

AFFIRMED.

PER CURIAM.

This case is the sequel to Lang v. Barrios, 472 N.W.2d 464 (N.D.1991). Ernest Lang now appeals from the trial court's order denying his motion for "incorporation" of another lawsuit in which judgment has been entered, see Bank of Steele v. Lang, 399 N.W.2d 293 (N.D.1987), and continuance of the case at issue, and dismissing with prejudice Lang's action for lack of prosecution. We affirm the trial court's order under NDRAppP 35.1(a)(4).

Affirmed.

VANDE WALLE, C.J., LEVINE, MESCHKE and SANDSTROM, JJ., and VERNON R. PEDERSON, S.J., concur.

PEDERSON, S.J., sitting in place of NEUMANN, J., disqualified.