¶1Filed 9/15/11 by Clerk of Supreme Court
¶2IN THE SUPREME COURT
¶3STATE OF NORTH DAKOTA
¶11Industrial Contractors, Inc., Appellant
¶13v.
¶15Workforce Safety and Insurance, Respondent
¶17and
¶19James Higginbotham, Appellee
¶23No. 20110135
¶27Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Donald L. Jorgensen, Judge.
¶29AFFIRMED.
¶31Per Curiam.
¶33Lawrence E. King, P.O. Box 1695, Bismarck, N.D. 58502-1695, for appellant.
¶35Stephen D. Little, Gateway Office Building, 2718 Gateway Avenue, Suite 302, Bismarck, N.D. 58503-0585, for appellee.
¶36Industrial Contractors, Inc. v. Workforce Safety & Insurance
¶37No. 20110135
¶39Per Curiam.
¶40[¶1] Industrial Contractors, Inc., (“ICI”) appeals from a judgment dismissing its appeal to the district court from a Workforce Safety & Insurance order involving its employee, James Higginbotham. On appeal, ICI argues that the district court erred in dismissing its appeal on the basis of a lack of jurisdiction and erred in denying as moot its motions for change of venue and to amend service or, alternatively, to enlarge the time for service and filing of appeal. We affirm under N.D.R.App.P. 35.1(a)(7). SeeBasin Elec. Power Coop. v. North Dakota Workers Comp. Bureau, 541 N.W.2d 685 (N.D. 1996) (holding district court lacked subject matter jurisdiction over employer’s appeal of Bureau order when appeal was not filed in the district court of the county where the injury occurred or of the county where the claimant resided).
¶41[¶2] Gerald W. VandeWalle, C.J.
¶42Dale V. Sandstrom
¶43Daniel J. Crothers
¶44Mary Muehlen Maring
¶45Carol Ronning Kapsner