Bertsch v. Bertsch, 20070110.
| Court | United States State Supreme Court of North Dakota |
| Citation | 2007 ND 168,740 N.W.2d 388 |
| Docket Number | No. 20070110.,20070110. |
| Parties | Andrew M. BERTSCH, Plaintiff and Appellee v. Lynell C. BERTSCH, n/k/a Lynell C. Maynor, Defendant and Appellant. |
| Decision Date | 19 October 2007 |
v.
Lynell C. BERTSCH, n/k/a Lynell C. Maynor, Defendant and Appellant.
[740 N.W.2d 389]
H. Malcolm Pippin of Nilles, Ilvedson, Stroup, Plambeck & Selbo, Ltd., Williston, N.D., for plaintiff and appellee.
[740 N.W.2d 390]
Robert S. Rau of Bosard, McCutcheon & Rau, Ltd., Minot, N.D., for defendant and appellant.
SANDSTROM, Justice.
[¶ 1] Lynell Bertsch, now known as Lynell Maynor, appeals the district court judgment awarding attorney's fees to Andrew Bertsch as a sanction for her failure to comply with a discovery order to produce financial information regarding herself and her current husband. We affirm, concluding the district court did not abuse its discretion in sanctioning Maynor.
[¶ 2] In March 2004, Maynor filed a petition to relocate with the couple's minor child to Maryland. In its December 29, 2004, judgment, the district court advised Maynor to file an application for attorney's fees under Rule 54(e), N.D.R.Civ.P., to see what amount, if any, should be shifted to Bertsch. Maynor's motion for attorney's fees was denied by the court in its February 25, 2005, memorandum and order. The court denied Maynor's request for attorney's fees because Bertsch opposed her petition to relocate in good faith. This Court, in Bertsch v. Bertsch, 2006 ND 31, 710 N.W.2d 113, held that the district court misapplied the law in deciding the issue of attorney's fees.
[¶ 3] Upon remand, proceedings were held to decide whether Maynor was entitled to attorney's fees in her petition to relocate with the couple's minor child. As part of the proceedings, Bertsch sought discovery as to the financial condition of Maynor and her current husband, who is a Maryland resident. The discovery sought various tax records and financial documents. Maynor answered the discovery in part, but did not produce the financial documents relating to her current husband.
[¶ 4] On August 31, 2006, the district court ordered Maynor to produce certain financial information. Specific information ordered to be produced included: (1) tax returns, whether filed individually or jointly with someone else, for the past five years; (2) documents evidencing an ownership interest, individually or jointly, in stock, mutual funds, or other financial investments during the years 2004, 2005, and 2006; (3) financial records for any and all accounts in which Maynor had an ownership interest, individually or jointly, during the years 2004, 2005, and 2006; (4) information concerning any gifts of personal property or money valued at $500 or more, and inherited funds or property of any value received by Maynor during the years 2004, 2005, and 2006; and (5) an itemized breakdown of the Maynor family's household expenses for the first eight months of 2006. Maynor did not comply with the order.
[¶ 5] In its February 26, 2007, memorandum and order, the district court denied Maynor's request for attorney's fees because she did not provide the information required to make an informed decision as to her need for an award of attorney's fees. The district court also ordered Maynor, under N.D.R.Civ.P. 37(b), to pay the reasonable expenses, including attorney's fees, incurred by Bertsch in defending against her request for attorney's fees. After Bertsch submitted billing statements, the court ordered Maynor to pay him $3,607 in attorney's fees.
[¶ 6] The district court had jurisdiction under N.D. Const. art. VI, § 8, and N.D.C.C. § 27-05-06. Maynor's appeal is timely under N.D.R.App.P. 4(a). This Court has jurisdiction under N.D. Const. art. VI, §§ 2 and 6, and N.D.C.C. § 28-27-01.
[¶ 7] Maynor argues the district court erred when it issued its August 31, 2006, order, because, under the law of the case doctrine, there should not have been any new discovery taken to find whether Maynor was entitled to attorney's fees. She argues the district court's December 29, 2004, judgment entitled her to attorney's fees. Under the law of the case doctrine, a court's decision on legal issues should govern the same issues in later stages of the same case. Strom-Sell v....
To continue reading
Request your trial
-
Lucas v. Riverside Park Condominiums, 20090122.
...under N.D.R.Civ.P. 37(b)(2), and its decision will be set aside on appeal only if it has abused that discretion. Bertsch v. Bertsch, 2007 ND 168, ¶ 13, 740 N.W.2d 388. A court abuses its discretion only when it acts in an arbitrary, unreasonable, or unconscionable manner, or when its decisi......
-
Solem v. Solem, 20080091.
...attorney fees under an abuse of discretion standard. Waldie v. Waldie, 2008 ND 97, ¶ 16, 748 N.W.2d 683 (citing Bertsch v. Bertsch, 2007 ND 168, ¶ 11, 740 N.W.2d 388). This Court has held: In deciding whether to award attorney fees in a divorce action, the trial court must balance one [part......
-
Dieterle v. Dieterle, 20150087.
...that was pending on appeal, Holkesvig was required to comply with the order even if he thought it was erroneous. See Bertsch v. Bertsch, 2007 ND 168, ¶ 15, 740 N.W.2d 388. "Where a court has issued an order, even if erroneous, the party to whom the order was issued must obey it as long as i......
-
Martin v. Trinity Hosp., 20070329.
...the scope of discovery, and its discovery decisions will not be reversed on appeal absent an abuse of discretion. Bertsch v. Bertsch, 2007 ND 168, ¶ 10, 740 N.W.2d 388. Similarly, a district court's decision to quash a subpoena will only be reversed if the court abused its discretion. Nesvi......