Betz v. Hirsch (In re Emelia Hirsch Trust)

• Decision Date: 08 December 2022
• Docket Number: 20220194
• Citation: 982 N.W.2d 617 (Mem)
• Parties: In the MATTER OF EMELIA HIRSCH TRUST, JUNE 9, 1994, IRREVOCABLE TRUST Timothy Betz, Respondent v. Emelia A. Hirsch, aka Emelia Hirsch, aka Emilia Hirsch, Carolyn Twite and Duane Hirsch, Petitioners and Appellees and Marlene Betz, Interested Party and Allen Betz, Interested Party and Appellant
• Court: North Dakota Supreme Court

982 N.W.2d 617 (Mem)

In the MATTER OF EMELIA HIRSCH TRUST, JUNE 9, 1994, IRREVOCABLE TRUST

Timothy Betz, Respondent

v.Emelia A. Hirsch, aka Emelia Hirsch, aka Emilia Hirsch, Carolyn Twite and Duane Hirsch, Petitioners and AppelleesandMarlene Betz, Interested Party

and

Allen Betz, Interested Party and Appellant

No. 20220194

Supreme Court of North Dakota.

Filed December 8, 2022

Rehearing Denied December 21, 2022

Sheldon A. Smith and Tyler J. Malm, Bismarck, ND, for petitioners and appellees Carolyn Twite and Duane Hirsch; submitted on brief.

Allen Betz, self-represented, Burnsville, MN, interested party and appellant.

Per Curiam.

[¶1] Allen Betz appeals from a district court order finding him to be a vexatious litigant and requiring him to obtain leave of the court prior to filing documents in any new or existing litigation. He claims the required procedure for issuing the vexatious litigant pre-filing order was not followed and the court erred in issuing a July 16, 2008 order reforming the Emelia Hirsch June 9, 1994, Irrevocable Trust.

[¶2] The issues Allen Betz raises related to the July 16, 2008 order are not properly before this Court. See In re Emelia Hirsch Trust , 2022 ND 89, ¶ 7, 973 N.W.2d 427 (holding issues related to July 16, 2008 order would not be addressed on appeal because order was not appealed and any attempted appeal was untimely). Furthermore, we affirmed the reformation order in In re Emelia Hirsch Trust , 2009 ND 135, 770 N.W.2d 225. Several other attempts to have the reformation order revisited have been unsuccessful. See In re Emelia Hirsch Trust , 2022 ND 89, 973 N.W.2d 427 ; In re Emelia Hirsch Trust , 2021 ND 142, 963 N.W.2d 259 ; In re Emelia Hirsch Trust , 2020 ND 129, 944 N.W.2d 334 ; In re Emelia Hirsch Trust , 2019 ND 264, 935 N.W.2d 255 ; In re Emelia Hirsch Trust , 2017 ND 291, 904 N.W.2d 740 ; In re Emelia Hirsch Trust , 2016 ND 217, 888 N.W.2d 205 ; In re Emelia Hirsch Trust , 2014 ND 135, 848 N.W.2d 719 ; In re Emelia Hirsch Trust , 2013 ND 63, 832 N.W.2d 334.

[¶3] "This Court reviews pre-filing orders issued under N.D. Sup. Ct. Admin. R. 58 for an abuse of discretion." In re Emelia Hirsch Trust , 2022 ND 89, ¶ 10, 973 N.W.2d 427. We conclude the district court did not abuse its discretion by finding Allen Betz is a vexatious litigant and issuing the pre-filing order. We affirm the vexatious litigant pre-filing order under N.D.R.App.P. 35.1(a)(4). We order Allen Betz to pay double costs under N.D.R.App.P. 38.

[¶4] Daniel J. Crothers, Acting C.J.

Gerald W. VandeWalle

Lisa Fair McEvers

Jerod E. Tufte

Daniel D. Narum, D.J.

[¶5] The Honorable Daniel D. Narum, D.J., sitting in place of Jensen, C.J., disqualified.