Filed 11/15/02 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
Intel-Foods Corporation, Plaintiff and Appellee
v.
Donald Alexander, Defendant and Appellant
and
Nugrain Products Company,
a North Dakota Corporation,
and the United States of
America, acting through
the Internal Revenue Service,
Stone Mill, Inc., Ambrose Hoff,
Alexander-Peterson Inc., Alexander
Farms, Inc., and Ethel Alexander, Defendants
and
Donald Alexander, Ethel Alexander,
and Ag Acceptance Corporation, Intervenors
No. 20020112
Appeal from the District Court of Wells County, Southeast Judicial District, the Honorable James M. Bekken, Judge.
AFFIRMED.
Per Curiam.
Donald James Alexander, pro se, 2081 22nd Street Northeast, Martin, N.D. 58758.
James J. Coles, Coles Law Firm, P.C., P.O. Box 2162, Bismarck, N.D. 58502-
2162, for plaintiff and appellee Intel-Foods.
Intel-Foods Corp. v. Alexander
No. 20020112
Per Curiam.
[¶1] Donald Alexander has appealed from a March 1, 2002, order denying his motion for a new trial. After a judgment was entered granting foreclosure of security interests on various items of Alexander’s personal property, Alexander moved for a new trial on the basis of newly discovered evidence. The trial court denied the motion.
[¶2] Because the alleged newly discovered evidence was available to Alexander prior to trial, we conclude the trial court did not abuse its discretion in denying the motion for a new trial. See N.D.R.Civ.P. 59(b)(4). The remaining issues raised by Alexander on appeal are irrelevant and frivolous. Accordingly, we affirm under N.D.R.App.P. 35.1(a)(1) and (4).
[¶3] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
Laurie A. Fontaine, D.J.
[¶4] The Honorable Laurie A. Fontaine, D.J., sitting in place of Kapsner, J., disqualified.