Praska v. State
Case Date: 07/27/1995
Docket No: 950073
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Praska v. StateCivil No. 950073 Per Curiam. Michael Praska appeals from an order dismissing his petition for post-conviction relief. Praska argues a genuine issue of material fact exists, precluding summary dismissal. Although the district court issued an order denying the petition for post-conviction relief, it is clear the court intended the order to have the effect of a final judgment. We, therefore, treat the appeal as an appeal from a final judgment. Kaiser v. State, 417 N.W.2d 175, 177 (N.D. 1987). We affirm the order under Rule 35.1(a)(6), N.D.R.App.P. Gerald W. VandeWalle, C.J.
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