[¶1] Jeffrey Dunford appeals from a district court order dismissing his complaint alleging child abuse, and an order denying his request for a hearing. We summarily affirm under N.D.R.App.P. 35.1(a)(1) and (7), and award costs and attorneys fees.
[¶2] In 2008, Dunford alleged his former dentist, Trueman Tryhus, sexually abused him between 1965 and 1969. Tryhus moved for summary judgment, asserting the claim was barred by the statute of limitations. The district court granted summary judgment in favor of Tryhus, and we affirmed. Dunford v. Tryhus, 2009 ND 212, 776 N.W.2d 539. In February 2021, Dunford alleged the same claim against the Defendants. The Defendants moved to dismiss, and the district court granted the dismissal. We summarily affirm, concluding the claim is barred by res judicata. See Ungar v. N.D. State Univ., 2006 ND 185, ¶ 11, 721 N.W.2d 16 (“Res judicata, or claim preclusion, prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties or their privies.”). Further, we conclude Dunford has failed to adequately brief the district courts denial of his request for a hearing on the motion to dismiss. See State v. Noack, 2007 ND 82, ¶ 8, 732 N.W.2d 389 (noting we will not consider an argument that is not adequately articulated, supported, and briefed).
[¶3] The Defendants argue the appeal is frivolous and they are entitled to costs and attorneys fees as provided in their attorneys affidavit filed with the Court. We agree and award attorneys fees in the amount of $2,622.60 and single costs. See N.D.R.App.P. 38.
Per Curiam.
[¶4] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte