Union Bank v. Tarnavsky
Union Bank v. Tarnavsky
Opinion of the Court
[¶ 1] Edward Tarnavsky appealed from multiple orders denying his motions for relief under N.D.R.Civ.P. 60(d)(1) and from a judgment dismissing his cross-claim. We summarily affirm the orders and judgment under N.D.R.App.P. 35.1(a)(1).
Concurring in Part
concurring in part and dissenting in part.
[¶ 5] I agree with the majority opinion summarily affirming the district court and awarding the appellee double costs and attorney fees. I respectfully dissent from that portion of the decision excusing timely responsive briefing in any future appeals filed by Edward Tarnavsky.
[¶ 6] We all agree Edward Tarnavsky has engaged in a “lengthy pattern of frivolous, repetitious litigation.” Majority opinion at ¶ 2. For that he has been appropriately sanctioned. But the majority does not stop there. They sua sponte excuse appellee briefing in any future appeal unless and until ordered by the Court, presumably after the Court independently evaluates the heft of Edward Tarnavsky’s briefing. See Majority opinion at ¶ 2 (“We further order that in any future ease involving these same parties in which Edward Tarnavsky is the appellant no appel-lee’s brief will be required unless ordered by the Court.”).
[¶7] My problem with, and objection to, the Court’s action is that the appellees did not ask for the unprecedented relief granted by the Court. Nor does this Court have a rule or procedure in place to implement such relief.
[¶ 8] Going forward, I welcome discussion about the merits of comprehensive pre-briefing appellate case screening. Many states have them. See, e.g., Del. Sup.Ct. R. 25 (allowing appellee’s motion for summary disposition that tolls time to file appellee’s brief); Kan. Sup.Ct. R. 2.04 and 2.041 (using docketing statements to assign case to summary or general calendar); Nev. R.App. P. 14 (requiring identification of issues in docketing statement to allow expedited case handling); N.H. Sup. Ct. R. 12-A (using pre-hearing evaluation to expedite resolution); N.M. R.App. P. 12-210 (using docketing statement for general, legal or summary calendaring); R.I. Sup.Ct. R. art. I, R. 12 (using statement of the case and summary of the issues to place case on show cause calendar or schedule before full court or place in mediation program); Utah R.App. P. 10 (requiring docketing statement and permitting motion for summary disposition); Vt. R.App. P. 3 (using docketing statement for consideration whether to have a pre-hear-
[¶ 9] However, absent a request and absent adoption of rules and procedures adopted, after thorough consideration, I object to this Court granting such sua sponte and ad hoc relief.
Reference
- Full Case Name
- The UNION BANK, Plaintiff v. Edward TARNAVSKY, Morris Tarnavsky, and Vonne Tarnavsky, Defendants. Edward Tarnavsky, Appellant Morris Tarnavsky, and Vonne Tarnavsky, Appellees. Edward Tarnavsky, Plaintiff and Appellant v. Morris Tarnavsky and Vonne Tarnavsky, Defendants and Appellees
- Cited By
- 1 case
- Status
- Published