Jodi Skovlund

Link for opinion: http://www.ndcourts.com/court/opinions/20090348.htm

Title: North Dakota: Plaintiff Appeals Lawyer's Summary Judgment Motion

In Tarnavsky v. Tschider, 2010 ND 70, the North Dakota Supreme Court awarded a lawyer double the costs he incurred for the appeal that brought by his former client.

The North Dakota Supreme Court affirmed the trial court’s judgment which dismissed the client’s case and granted the lawyer a summary judgment. They were able to affirm the judgment under the North Dakota Rules of Appellate Procedure 35.1(a)(1) and (6),which affirms by summary opinion and North Dakota Rules of Appellate Procedure 38, which assessed damages to a frivolous appeal.

The Court decided the client’s case was frivolous because he didn’t have sufficient proof that the lawyer was privileged to absolute immunity, nor did he provide proof that there was spoliation of evidence from the lawyer. The Court also decided that the lawyer should be awarded double the costs that were incurred from the appeal.

This case teaches the importance that a case can be affirmed by summary opinion under the N.D.R. App P. 35.1(a)(1) and (6) “In any case in which the court determines after argument, unless waived, that no reversible error of law appears and if: 1) the appeal is frivolous and completely without merit or 6) the summary judgment, directed verdict, or judgment on the pleadings is supported by the record. In addition, N.D.R.App.P.38 states “If the court determines that an appeal is frivolous, or that any party has been dilatory in prosecuting the appeal, it may award just damages and single or double costs, including reasonable attorney's fees.

Labels for the post: summary judgment, N.D.R.App.P. 35.1(a)(1) and (6), N.D.R.App.P. 38.