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Morris Tarnavsky v. Edward Tarnavsky

IN THE SUPREME COURT STATE OF NORTH DAKOTA


October 18, 2011

MORRIS TARNAVSKY,
PLAINTIFF AND APPELLEE
AND
ROGER CYMBALUK, COURT APPOINTED RECEIVER OF THE MARY E. TARNAVSKY IRREVOCABLE TRUST, APPELLEE
v.
EDWARD TARNAVSKY, PERSONALLY AND AS TRUSTEE OF THE MARY E. TARNAVSKY IRREVOCABLE TRUST,
DEFENDANT AND APPELLANT
AND JANET L. BISHOP,
DEFENDANT EDWARD J. TARNAVSKY,
PLAINTIFF AND APPELLANT
v.
RON RANKIN, SHERIFF OF MCKENZIE COUNTY, PERSONALLY AND IN HIS PROFESSIONAL CAPACITY, DEFENDANT AND APPELLEE THE UNION BANK, PLAINTIFF AND APPELLEE
v.
EDWARD TARNAVSKY,
DEFENDANT AND APPELLANT
AND
MORRIS TARNAVSKY AND VONNE TARNAVSKY, DEFENDANTS

Appeals from the District Court of McKenzie County, Northwest Judicial District, the Honorable David W. Nelson, Judge.

Per curiam.

N.D. Supreme CourtTarnavsky v. Tarnavsky,

2011 ND 198

This opinion is subject to petition for rehearing. [Go to Documents]

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AFFIRMED AND REMANDED.

Per Curiam.

[¶1] In consolidated appeals, Edward Tarnavsky appealed from the district court's orders denying his motions in the underlying cases which sought relief under N.D.R.Civ.P. 60(b). On appeal, Tarnavsky argues that "the court ha[s] an appearance of impropriety" in the underlying cases sufficient to warrant reversal. Tarnavsky also argues the court abused its discretion in one underlying case by awarding payment to creditors directly from Tarnavsky's trust income and by directing the receiver to grant easements from the trust. We affirm under N.D.R.App.P. 35.1(a)(1).

[¶2] The appellees seek various sanctions on appeal based on Tarnavsky's frivolous appeals. We award double costs on appeal to the appellees. To the extent the various appellees wish to pursue additional sanctions, we remand to the district court and authorize the court in its discretion to determine and award reasonable attorney's fees for the appeals and to consider the appellees' requested injunctive relief.

[¶3] Gerald W.

VandeWalle, C.J. Dale V. Sandstrom Daniel J. Crothers Mary Muehlen Maring Carol Ronning Kapsner

20111018

© 1992-2011 VersusLaw Inc.



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