April 12, 2010
EDWARD J. TARNAVSKY, PLAINTIFF AND APPELLANT
DAVID A. TSCHIDER, ATTORNEY AT LAW, PROFESSIONALLY AND PERSONALLY, DEFENDANT AND APPELLEE
Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable David W. Nelson, Judge.
[¶1] Edward J. Tarnavsky appeals the trial court's judgment granting David A. Tschider's summary judgment motion and dismissing Tarnavsky's complaint against Tschider.
[¶2] On appeal, Tarnavsky argues the trial court should not have granted summary judgment in favor of Tschider; the court erred in finding a legal privilege of absolute immunity; Tschider made an impermissible collateral attack on a federal judgment; Tschider has not shown a public purpose required to maintain his privilege; Tschider is bound by privity, by his profession, or by res judicata to a federal judgment; and an order releasing evidence and Tschider's assertion of different facts constitute a spoilation of evidence.
[¶3] We summarily affirm under N.D.R.App.P. 35.1(a)(1) and (6). Because Tarnavsky's appeal is frivolous, we award Tschider double costs incurred on appeal. N.D.R.App.P. 38.
[¶4] Carol Ronning Kapsner, Acting C.J.
Mary Muehlen Maring
Dale V. Sandstrom
Benny A. Graff, S.J.
Ronald E. Goodman, S.J.
[¶5] The Honorable Benny A. Graff, S.J., and the Honorable Ronald Goodman, S.J., sitting in place of VandeWalle, C.J., and Crothers, J., disqualified.
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