McGath v. Waide
McGath v. Waide
Opinion of the Court
[¶ 1] Jerry Waide appealed from a district court disorderly conduct restraining order issued against him. We summarily affirm under N.D.R.App.P. 35.1(a)(4).
[¶ 2] In April 2018, Kenneth McGath petitioned for a disorderly conduct restraining order against Waide. McGath alleged Waide followed him in a grocery store, made physical contact with him, and verbally harassed him outside the store. After an evidentiary hearing, the district court issued a one-year disorderly conduct restraining order prohibiting Waide from having contact with McGath. On appeal, Waide argues the court erred by issuing a restraining order against him. He argues McGath's testimony at the evidentiary hearing was false. See Smestad v. Harris ,
[¶ 3] Waide did not file a transcript of the evidentiary hearing as required by N.D.R.App.P. 10(b)(1). An appellant assumes the consequences and the risks for failing to file a transcript. Koenig v. Schuh ,
[¶ 4] Gerald W. VandeWalle, C.J.
Jerod E. Tufte
Daniel J. Crothers
Lisa Fair McEvers
Jon J. Jensen
Reference
- Full Case Name
- Kenneth Gerald MCGATH v. Jerry Lee WAIDE, and
- Status
- Published