Summary Disposition

(a) Affirmance by Summary Opinion. The court may issue a summary affirmance in any case in which the court determines after argument, unless waived, that no reversible error of law appears and if: (1) the appeal is frivolous and completely without merit; (2) the judgment of the district court is supported by findings meeting the required standard of proof; (3) the verdict or the judgment is supported by substantial evidence; (4) the district court, administrative agency, or local governing body did not abuse its discretion; (5) the order of an administrative agency is supported by the required standard of proof; (6) the summary judgment, directed verdict, or judgment on the pleadings is supported by the record; (7) a previous controlling appellate decision is dispositive of the appeal; (8) the appellant’s brief does not meet minimum requirements; or (9) the decision of a local governing body is supported by the required standard of proof. The court may affirm by an opinion citing this rule and indicating which one or more of the above criteria apply and, for Rule 35.1(a)(7), citing any previous controlling appellate decision. The opinion may be in the following form: "Affirmed under N.D.R.App.P. 35.1(a) (1), (2), (3), (4), (5), (6), (7), (8), or (9)." (b) Reversal by Summary Opinion. In any case in which the court determines after argument, unless waived, that a previous controlling appellate decision is dispositive of the appeal, the court may reverse by an opinion citing this rule and the controlling appellate decision.