Buchholz v. Mayo

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
DECEMBER 8, 2022
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2022 ND 226Chandi Melissa Buchholz, Petitioner
v.
Levi Keith Mayo, Respondent and Appellant
No. 20220178
Appeal from the District Court of Cass County, East Central Judicial District,
the Honorable Stephanie R. Hayden, Judicial Referee.
AFFIRMED.
Per Curiam.
Levi K. Mayo, self-represented, West Fargo, ND, respondent and appellant;
submitted on brief.
Buchholz v. Mayo
No. 20220178
Per Curiam.
[¶1] Levi Mayo appealed from a disorderly conduct restraining order entered
against him. Mayo broadly contends the district court erred and its decision is
unconstitutional and should be reversed. However, Mayo’s brief on appeal is
deficient in identifying and raising a valid issue and does not contain the
minimum requirements provided in N.D.R.App.P. 28. Moreover, he has failed
to file a transcript of the hearing for our review, and the lack of a transcript on
appeal precludes meaningful review. See Smith v. Erickson, 2019 ND 48, ¶ 9,
923 N.W.2d 503 (“If the record on appeal does not allow for an intelligent review
of an alleged error, we will decline to review the issue.”).
[¶2] Under N.D.R.App.P. 35.1(a)(8), this Court may summarily affirm a
judgment if the appellant’s brief fails to comply with N.D.R.App.P. 28. We
summarily affirm under N.D.R.App.P. 35.1(a)(8).
[¶3] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
1