[Go to Documents] | Filed June 18, 1999 | [Download as WordPerfect] |
State of North Dakota by the Workers Compensation Bureau, Plaintiff and Appellee
v.
Keith Erhardt, Defendant and Appellant
No. 990052
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Donald L. Jorgensen, Judge.
AFFIRMED.
Per Curiam.
Brent J. Edison, Special Assistant Attorney General, P.O. Box 1695, Bismarck, N.D. 58502-1695, for plaintiff and appellee.
Stephen D. Little, Dietz, Little & Haas, Gateway Office Building, 2718 Gateway Avenue, #301, Bismarck, N.D. 58501, for defendant and appellant.
State of North Dakota by Workers Comp. Bureau v. Erhardt
Per Curiam.
[¶1] Keith Erhardt appealed from the judgment of the district court allowing the Workers Compensation Bureau to collect $30,000 from him for breach of contract resulting in an overpayment of benefits, awarding costs and disbursements, and dismissing Erhardt's counterclaim with prejudice. Under N.D.R.App.P. 35.1(a)(6), we summarily affirm the district court's summary judgment. Because the appellant included in the appendix material not in the record, we award double costs on appeal to the appellee. See N.D.R.App.P. 30; N.D.R.App.P. 13; Matter of Estate of Wieland, 1998 ND 130, ¶ 22 n.3, 581 N.W.2d 140; Schroeder v. Praska, 512 N.W.2d 667, 668 (N.D. 1994).
| Gerald W. VandeWalle, C.J. Dale V. Sandstrom William A. Neumann Mary Muehlen Maring Carol Ronning Kapsner |