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Complete Plumbing Servs., Inc. v. Brenna

Supreme Court of North Dakota

April 28, 2015

Complete Plumbing Services, Inc., Plaintiff and Appellee
v.
Dustin Brenna d/b/a Brenna Construction, Defendant and Appellant

Editorial Note:

The opinion cannot be considered final until disposition of such petition for rehearing by the court or expiration of 14 days from filing date.

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Thomas R. Olson, Judge.

AFFIRMED.

Joseph A. Turman, Fargo, ND, for plaintiff and appellee; submitted on brief.

Dustin Brenna, self-represented, Glyndon, MN, defendant and appellant.

OPINION

PER CURIAM

[¶1] Dustin Brenna appealed from a district court money judgment requiring him to pay Complete Plumbing Services, Inc. for the unpaid cost of materials and work completed. He argues the district court findings that a preexisting contract between the parties did not cover work performed in 2013 were clearly erroneous. We affirm under N.D.R.App.P. 35.1(a)(2).

[¶2] We do not find the appeal to be so flagrantly groundless as to cause us to assess costs and attorney fees against Brenna under Rule 38, N.D.R.App.P.

[¶3] Gerald W. VandeWalle, C.J., Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner.


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