[Go to Documents] | Filed Mar. 23, 1992 |
Leon L. Mallberg, d/b/a Commercial Real Estate, Plaintiff, Appellee and Cross-Appellant
v.
Associate Realty and Investments, Inc., Defendant, Appellant and Cross-Appellee
Civil No. 910311
Appeal from the County Court for Stark County, Southwest Judicial District, the Honorable Zane Anderson, Judge.
AFFIRMED.
Opinion of the Court by Opinion of the Court by Erickstad, Chief Justice.
Vince H. Ficek (argued), of Ficek Law Office, P. 0. Box 866, Dickinson, ND 58602-0866, for plaintiff, appellee, and cross-appellant.
Jon Bogner (argued), of Kubik, Bogner, Ridl & Selinger, P.O. Box 1173, Dickinson, ND 58602-1173, for defendant, appellant, and cross-appellee.
Mallberg v. Associate Realty and Investments, Inc.
Erickstad, Chief Justice.
Associate Realty and Investments, Inc., appeals from a county court judgment awarding a $3,900 commission to Leon Mallberg on a real estate transaction. Mallberg cross-appeals, asserting that the county court erred in failing to award him attorney's fees pursuant to Sections 28-26-01(2) and 28-26-31, N.D.C.C. Mallberg also asserts that Associate's appeal is frivolous, and seeks attorney's fees pursuant to Rule 38, N.D.R.App.P.
The judgment is affirmed pursuant to Rule 35.1(a)(2) and (4), N.D.R.App.P. The appeal is not frivolous, and Mallberg is not entitled to attorney's fees on appeal.
Ralph J. Erickstad, C.J.
Gerald W. VandeWalle
Beryl J. Levine
Herbert L. Meschke
Benny A. Graff, D.J
Graff, D. J., sitting as a member of the Court to fill the vacancy created by the resignation of Justice H. F. Gierke III. Justice Johnson not being a member of this Court at the time this case was heard did not participate in this decision.