[Go to Docket] | Filed Sep. 23, 1988 |
Florence Powell, Plaintiff and Appellee
v.
Robert E. Powell, Defendant and Appellant
Civil No. 880023CA
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Michael 0. McGuire, Judge.
AFFIRMED.
Per Curiam.
Griffeth Law Office, P.O. Box 764, Riverside, ND 58078, for plaintiff and appellee; argued by Scott A. Griffeth.
Mertz Law Office, P.O. Box 1881, Fargo, ND 58107-1881, for defendant and appellant; argued by Monty G. Mertz.
Powell v. Powell
Per Curiam.
The defendant, Robert E. Powell, appeals from a district court judgment awarding Florence Powell damages for Robert's nonpayment of child support.
The judgment is affirmed under N.D.R.App.P. 35.1(a)(2) and (7).
The appellant requests this court to overrule Walsvik v. Brandel, 298 N.W.2d 375 (N.D. 1980), a decision which is dispositive of this appeal. We decline to do so. See Loken v. Magr, 380 N.W.2d 336 (N.D. 1986). The statute of limitation was tolled during Robert's absence from the state, and the trial court did not err in its conclusion that Florence should not be barred from bringing this action.
JUDGMENT AFFIRMED.
Eugene A. Burdick, S.J.
Vernon R. Pederson, S.J.
Robert L. Eckert, D.J.