Friedt v. Moseanko, s. 910294
Decision Date | 12 May 1992 |
Docket Number | 910254,Nos. 910294,s. 910294 |
Citation | 484 N.W.2d 861 |
Parties | Delores FRIEDT, Plaintiff and Appellee, v. James MOSEANKO d/b/a Prairie Hills Dairy, Defendant and Appellant, v. SCHULTZ CREAMERY, Garnishee, v. Deborah MOSEANKO and Sam Zarek, Third-Party Defendants, and Farmers Home Administration, Third-Party Defendant and Appellee. Delores FRIEDT, Plaintiff and Appellee, v. James MOSEANKO d/b/a Prairie Hills Dairy, Defendant, v. SCHULTZ CREAMERY, Garnishee, v. Deborah MOSEANKO, Third-Party Defendant and Appellant, and Farmers Home Administration, Third-Party Defendant and Appellee, and Sam Zarek, Third-Party Defendant. Civ. |
Court | North Dakota Supreme Court |
Lolita G. Romanick, of McGee, Hankla, Backes & Wheeler, Ltd., Minot, for plaintiff and appellee Delores Friedt.
James Moseanko, Butte, pro se.
Deborah Moseanko, Butte, pro se.
Clare R. Hochhalter (appearance), Asst. U.S. Atty., U.S. Attorney's Office, Bismarck, for third-party defendant and appellee Farmers Home Admin.
Deborah Moseanko and James Moseanko have separately appealed from the district court's authorization of garnishment of the proceeds of their dairy operation's milk production for application toward satisfaction of a judgment in favor of Delores Friedt. The proceeds are held by Schultz Creamery, subject to a security interest of Farmers Home Administration. The district court also denied the Moseankos's motions to dismiss the garnishments, to reopen the case and dismiss the underlying default judgment, and for production of documents. We affirm.
Friedt sued James Moseanko in 1988 to collect money asserted to be due on a promissory note. "After Moseanko had three times failed to appear for depositions scheduled by Friedt" [Friedt v. Moseanko, 459 N.W.2d 240, 241 (N.D.1990) ], the district court granted default judgment in favor of Friedt as a discovery sanction pursuant to Rule 37(b), (d), N.D.R.Civ.P. We affirmed, after observing:
Friedt v. Moseanko, at 242. The instant appeals arose out of garnishment proceedings 1 brought to enforce the judgment affirmed in that decision.
James Moseanko has raised the following issues in his appeal (Civ. No. 910254):
Deborah Moseanko has raised the following issues in her appeal 2 (Civ. No. 910294):
James Moseanko attempted to raise a number of additional issues in a reply brief. However, a "reply brief must be confined to new matter raised in the brief of the appellee." Rule 28(c), N.D.R.App.P. We will, therefore, not consider the additional issues attempted to be raised in the reply brief.
We can not appropriately deal with the issues that are raised in these appeals. The Moseankos's present difficulties are rooted in James's repeated failure to attend depositions, which resulted in the entry of a default judgment in favor of Friedt as a sanction for James's abuse of the discovery process, and the Moseankos's subsequent unsuccessful attempt to secure relief under Rule 60(b), N.D.R.Civ.P. We cannot conclude that the trial court abused its discretion in refusing to vacate the judgment entered as a sanction for James Moseankos's repeated and unjustified violation of the rules governing discovery procedures. See Friedt v. Moseanko, supra; First Nat'l Bank of Crosby v. Bjorgen, 389 N.W.2d 789 (N.D.1986) [ ].
The remaining issues they now raise are without merit. The Moseankos have not provided us with any citations to relevant authority...
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