Matter of Emelia Hirsch Trust
Docket No. 20210324
Oral Argument:
Waived
Docket Info
- Title
- In the Matter of the Emelia Hirsch, June 9, 1994, Irrevocable Trust
Timothy Betz, Respondent and Appellant
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 - Case Type
- CIVIL APPEAL : PROBATE - WILLS - TRUSTS
- Appeal From
-
Case No. 03-C-02228
South Central Judicial District, Burleigh County
Bobbi Brown Weiler
2022 ND 89973 N.W.2d 427
Highlight
A district court pre-filing order against vexatious litigant under N.D. Sup. Ct. Admin. R. 58 is reviewed for an abuse of discretion.
A pre-filing order under N.D. Sup. Ct. R. 58 must be issued by the presiding judge of a judicial district, and the district court abuses its discretion if a pre-filing order is issued by any other judge.
Orders denying leave to file new motions or documents are not appealable.
If a court does not rule on a motion, it may be deemed denied.
An award of attorney’s fees and double costs on appeal is granted for frivolous arguments.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 11/22/2021 | NOTICE OF APPEAL : 11/22/2021 | |
| 2 | 11/22/2021 | ANNOUNCED DISQUALIFICATION : Jensen, Jon J. | |
| 3 | 11/24/2021 | Rec'd $125.00 filing Fee | |
| 4 | 11/24/2021 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 11/24/2021 | Notice Served on Allen Betz, Sheldon A. Smith, Marlene M Betz & Timothy R. Betz | |
| 6 | 11/27/2021 | 2ND NOTICE OF APPEAL (Timothy Betz) : 11/27/2021 | |
| 7 | 12/08/2021 | DOCUMENT RECEIVED - NOT FILED (notice of appeal from Timothy Betz) | |
| 8 | 12/13/2021 | APPELLANT BRIEF (Allan Betz) | View |
| 9 | 12/13/2021 | APPELLANT APPENDIX (Allan Betz) | |
| 10 | 12/10/2021 | MOTION FOR LEAVE TO FILE NOTICE OF APPEAL | |
| 11 | 12/16/2021 | Rec'd non-substantive corrections to ATB and ATA | |
| 12 | 12/16/2021 | Rec'd 3 copies of ATB and 2 copies of ATA back from CD | |
| 13 | 12/17/2021 | ELEC. RECORD ON APPEAL DATED DECEMBER 16, 2021 (ENTRY NOS. 1-69, 71-96, 98-137, 139-196, 198-258, | |
| 14 | 12/17/2021 | 260-313, 316-585, 587-706, 708-756, 759-787)(DELETED EVENTS: 259, 314, 315, 586, 707, 757 & 758 | |
| 15 | 12/23/2021 | ACTION BY SUPREME COURT - Granted | |
| 16 | 12/23/2021 | MOT. EXT/TIME APPELLANT BRIEF (sua sponte due to order) | |
| 17 | 12/23/2021 | ACTION BY CLERK (sua sponte due to order) - Denied : 01/13/2022 | |
| 18 | 12/23/2021 | NOT. OF FILING 2ND NOT. OF APPEAL AND PROOF OF SERV. (TIM BETZ) | |
| 19 | 12/23/2021 | Notice Served on Allen Betz, Sheldon A. Smith, Marlene M Betz & Timothy R. Betz | |
| 20 | 01/07/2022 | APPELLANT BRIEF (TIMOTHY BETZ) | View |
| 21 | 01/07/2022 | APPELLANT APPENDIX (TIMOTHY BETZ) | |
| 22 | 01/11/2022 | Rec'd non-substantive corrections to ATB and ATA (T. Betz) | |
| 23 | 01/12/2022 | Rec'd 3 copies of ATB and ATA (T.Betz) back from CD | |
| 24 | 01/19/2022 | ELEC. SUPP. RECORD ON APPEAL DATED (ENTRY NOS. 788-792) | |
| 25 | 02/07/2022 | APPELLEE BRIEF | View |
| 26 | 02/07/2022 | APPELLEE APPENDIX | |
| 27 | 02/09/2022 | ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT | |
| 28 | 02/10/2022 | Rec'd 3 copies of AEB back from CD | |
| 29 | 02/13/2022 | REPLY BRIEF (A. BETZ) | View |
| 30 | 02/13/2022 | SUPPLEMENTAL REPLY BRIEF APPENDIX(A. BETZ) (filed subject to the approval of the Court) | |
| 31 | 02/15/2022 | Rec'd 2 copies of AEA back from CD | |
| 32 | 02/15/2022 | Rec'd 3 copies of RYB and 2 copies of RYB Appednix back from CD | |
| 33 | 02/19/2022 | REPLY BRIEF (T.BETZ) | View |
| 34 | 02/22/2022 | SITTING WITH THE COURT : Narum, Daniel D. | |
| 35 | 02/23/2022 | Rec'd 3 copies of RYB back from CD | |
| 36 | 03/24/2022 | APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c) | |
| 37 | 03/24/2022 | ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c) | |
| 38 | 04/28/2022 | DISPOSITION (Dismissed in Part, and Remanded) | |
| 39 | 04/28/2022 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
| 40 | 04/28/2022 | Judgment | View |
| 41 | 04/28/2022 | By order of the Court, Appellees have and recover from Timothy Betz and Allen Betz double costs and | |
| 42 | 04/28/2022 | from Timothy Betz attorney’s fees in the amount of $500 | |
| 43 | 05/19/2022 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED MAY 18, 2022 (ENTRY NOS. 793-796) | |
| 44 | 05/20/2022 | MANDATE |