St. Vincent's Nursing Home v. Department of Labor

STRUTZ, Judge.

This matter comes before us on motion by the plaintiff, St. Vincent’s Nusing Home, to dismiss an appeal by the defendant Department of Labor of the State of North Dakota. The record discloses that the Department voluntarily paid costs taxed by the clerk of court in the sum of $43.50. After paying such costs, the Department took an appeal from the judgment, which judgment found St. Vincent’s Nursing Home to be a hospital under the provisions of Section 34-12-01, North Dakota Century Code. The Home now moves that the appeal be dismissed on the-ground that the Department, by paying…