Summary
invoking N.D.R.App.P. 2, suspending N.D.R.App.P. 39(e)
Summary of this case from Investors Title Ins. Co. v. HerzigOpinion
Civ. No. 940272.
December 20, 1994.
Appeal from the District Court, South Central Judicial District, Burleigh County, Benny A. Graff, J.
Herbert O. Jensen, pro se.
Reginald Trieb, pro se.
William G. Peterson, Asst. Atty. Gen., Atty. General's Office, Bismarck, for defendants and appellees and for co-defendant and appellee State Bonding Fund. Submitted on brief.
Jane L. Dynes and Ronald H. McLean, of Serkland, Lundberg, Erickson, Marcil McLean, Ltd., Fargo, and C. Michael Deese, of Fehrenbacher, Sale, Quinn Deese, Washington, DC for co-defendant and appellee American Correctional Ass'n. Submitted on brief.
Herbert O. Jensen, an inmate at the North Dakota State Penitentiary, appeals from a judgment dismissing his action against individual state defendants, another inmate, the State Bonding Fund, and the American Correctional Association and awarding the State $500 in attorney's fees. We affirm under Rule 35.1(a)(1), (4), (6), and (7). See Jensen v. Zuern et al., 523 N.W.2d 388 (N.D. 1994) ( Jensen III); Jensen v. Zuern et al., 517 N.W.2d 118 (N.D.Ct.App. 1994); Jensen v. Powers, 472 N.W.2d 223 (N.D. 1991).
The American Correctional Association asserts that it is entitled to double costs and attorney's fees for defending this frivolous appeal. Jensen's appeal is frivolous and an award of double costs and attorney's fees is justified. However, in order to avoid a subsequent appeal following this award, we follow the procedure outlined in Jensen III. We invoke N.D.R.App.P. 2, suspend the provisions of N.D.R.App.P. 39(e), and direct the Clerk of the Supreme Court to enter judgment awarding the American Correctional Association double costs and attorney's fees of $500 to be taxed against Jensen.
Affirmed with double costs and attorney's fees to ACA.
VANDE WALLE, C.J., and LEVINE, NEUMANN, SANDSTROM and MESCHKE, JJ., concur.