Opinion
65-688; CA A50094
Submitted on record and briefs April 24, 1989
Affirmed; additional judgment awarded to respondent May 17, 1989
Appeal from the District Court, Washington County, Nancy W. Campbell, Judge.
Richard W. Todd, Beaverton, filed the brief for appellant.
Frederick S. Carman and Karpstein Verhulst, P.C., Hillsboro, filed the brief for respondent.
Before Graber, Presiding Judge, and Riggs and Edmonds, Judges.
PER CURIAM
Affirmed; additional judgment of $696 awarded to respondent.
Defendant appeals from a judgment for plaintiff in this action for money due on an account. None of his arguments has any merit, and we find that he had no probable cause for taking the appeal. Accordingly, we affirm and impose a ten percent penalty, pursuant to ORS 19.160. Broyles v. Brown, 295 Or. 795, 671 P.2d 94 (1983).
Affirmed; additional judgment of $696 awarded to respondent.