Powell v. Powell
Case Date: 09/23/1988
Docket No: 880023CA
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Powell v. PowellCivil No. 880023CA 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.
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