Opinion
No. 990052.
Filed June 18, 1999.
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Donald L. Jorgensen, Judge.
AFFIRMED.
Brent J. Edison, Special Assistant Attorney General, for plaintiff and appellee.
Stephen D. Little, for defendant and appellant.
NOTE: SUMMARY OPINION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1
[¶ 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).
[¶ 2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
Carol Ronning Kapsner