Complete Plumbing Services, Inc. v. Brenna

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Court Description: Money judgment requiring payment for unpaid costs of work and materials is summarily affirmed under N.D.R.App.P. 35.1(a)(2).



IN THE SUPREME COURT STATE OF NORTH DAKOTA 2015 ND 90

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

No. 20140289

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Thomas R. Olson, Judge.
AFFIRMED.
Per Curiam.
Joseph A. Turman, P.O. Box 110, Fargo, ND 58107-0110, for plaintiff and appellee; submitted on brief.
Dustin Brenna, self-represented, 11509 Hwy. 10, Glyndon, MN 56547, defendant and appellant.

Complete Plumbing Services, Inc. v. BrennaNo. 20140289

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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