[Go to Documents] | Filed Nov. 20, 1989 |
Ernest R. Lang, Plaintiff and Appellant
v.
Bank of Steele, Defendant and Appellee
Civil No. 890141
Appeal from the District Court for Burleigh County, South Central Judicial District, the Honorable William F. Hodny, Judge.
AFFIRMED.
Opinion of the Court by Meschke, Justice.
Ernest R. Lang, pro se, P.O. Box 176, McKenzie, ND 58553, for plaintiff and appellant.
Kelsch, Kelsch, Ruff & Austin, Collins and Main, P.O. Box 785, Mandan, ND 58554, for defendant and appellee; argued by Arlen M. Ruff.
Lang v. Bank of Steele
Meschke, Justice.
Ernest Lang appealed from a judgment dismissing his claim against Bank of Steele for lack of evidence. Lang contended that facts recognized in the Bank's trial brief created "sufficient evidence" to avoid the Bank's motion for a directed verdict under NDRCivP 50(a). We conclude that there was insufficient evidence to show that the Bank wrongfully damaged Lang by failing to file a termination statement for its previously filed financing statement on Lang's property. Therefore, we affirm under NDRAppP 35.1(a)(6). Furthermore, this claim was considered and rejected in a prior lawsuit between the same parties. See Bank of Steele v. Lang, 441 N.W.2d 648, 650 (N.D. 1989) and NDRCivP 13(a).
Herbert L. Meschke
Beryl J. Levine
H.F. Gierke III
Gerald W. VandeWalle
Ralph J. Erickstad, C.J.