Orwig v. Orwig
- Steven Mark Orwig, Plaintiff, Appellee, and Cross-Appellant
Mary Caroline Orwig, Defendant, Appellant, and Cross-Appellee
- Case Type
- CIVIL APPEAL : DIVORCE/PROPERTY DIV./ALIMONY
- Appeal From
Case No. 2016-DM-00026
Southeast Judicial District, Dickey County
Cherie LaVonne Clark
Parties' Statement of Issues
A. Did the district court err by allowing a Summary Real Property Distribution Judgment be entered when the statutory requirement that real property be first described in a judgment and decree of divorce mandated by N.D.C.C. § 14-05-24.2 had not been satisfied, and Steven Mark Orwig’s attorney falsely asserts it was included in his expert appraiser’s report?
B. Did the district court err by allowing amendment of a final judgment without timely compliance with requirements of N.D.R.Civ.P. 60, to include grounds for modification or relief?
C. Did the district court deny due process of law by allowing the divestiture of Mary C. “Marcy” Orwig’s vested real property interest affirmed on appeal in Orwig v. Orwig, 2021 ND 33, ¶¶ 1, 45, 50, 955 N.W.2d 34?
D. Did the district court err by verbally granting Marcy a money judgment, but failing to execute any documents or issue directives to the Clerk of Court implementing such decision?
E. Did the district court err by failing to issue its order of contempt against Steven Mark Orwig for failure to timely pay $105,000 (plus accrued interest) for Marcy’s attorney fees, a $105,000 obligation owed by Steven Mark Orwig to each set of lawyers ratified by the district court after remand on May 5, 2021, and never appealed by Steven Mark Orwig?
F. Did the district court err by allowing off-set against Marcy’s attorney fees of $105,000, a legal remedy which had earlier proposed by Steven Mark Orwig by a Motion for Contempt dated April 15, 2020, but been rejected by the district court, and never appealed by Steven Mark Orwig?
G. Did the district court err by allowing redistribution of property and debt after final judgment, and without evidence of Marcy’s wrongdoing?
H. Did the district court err by allowing $24,000 off-set for a company vehicle under company control?
I. Did the district court err or show prejudice by failing to fully act upon Marcy’s Rule 3.2 Motion for Money Judgment/execution when Steven Mark Orwig had failed to respond thereby admitting the motion is meritorious under N.D.R.Ct. 3.2?
J. Did the district court err by disallowing Marcy post-judgment interest at the original judgment rate?
K.. Did the district court err (a) by allowing annual changes to post-judgment interest, and (b) in its calculations as to the amount due?
L. Did the District Court err by not requiring adherence to judicial procedures with respect to entry of money judgments?
[¶1] Did the District Court err when it entered the Summary Real Estate Disposition Judgment?
[¶2] Did the District Court err when it entered an Order for the Redistribution of Property?
[¶3] Did the District Court abuse its discretion when it denied Marcy’s Motion to hold Steve in contempt?
[¶4] Did the District Court err when it failed to subtract the value of the Dodge Challenger from the attorney fees Steve owes to Marcy?
[¶5] Is Steve entitled to his attorney’s fees?
Mary Orwig appeals from a summary real estate disposition judgment, an order on attorney’s fees, an order denying a motion for contempt, and an order on redistribution of property. Steven Orwig cross-appeals from an order on redistribution of property and an order denying a motion to reconsider.
This case involves multiple prior appeals. See Orwig v. Orwig, 2019 ND 78, ¶ 1, 924 N.W.2d 421 (reversing contempt order and affirming order denying a motion to vacate); Orwig v. Orwig, 2021 ND 33, ¶ 1, 955 N.W.2d 34 (affirming the divorce judgment distributing the parties’ property and awarding spousal support, and reversing an attorney’s fees award); Orwig v. Orwig, 2022 ND 29, ¶ 1, 970 N.W.2d 179 (affirming contempt order and attorney’s fees award). After the last appeal, Steven Orwig filed a proposed summary real estate disposition judgment. Mary Orwig moved for entry of a money judgment for the attorney’s fees she was awarded and, alternatively, requested an order of contempt. Steven Orwig moved to redistribute property and requested attorney’s fees. The district court entered a summary real estate disposition judgment, an order on attorney’s fees, an order denying Mary Orwig’s motion for contempt, and an order on redistribution of property. Steven Orwig moved the court to reconsider its order on redistribution. The court denied his motion.
On appeal, Mary Orwig argues the district court did not have jurisdiction to issue orders for redistribution or to modify the final judgment, the court erred by failing to enter a money judgment for the attorney’s fees she was awarded and by denying her motion for contempt, and she was entitled to post-judgment interest on the attorney’s fees award. Steven Orwig argues the court erred by failing to subtract the liquidated value of certain property from the attorney’s fees he was ordered to pay to Mary Orwig.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||08/23/2022||NOTICE OF APPEAL : 08/23/2022|
|2||08/23/2022||ORDER FOR TRANSCRIPT : 08/29/2022|
|3||08/23/2022||ANNOUNCED DISQUALIFICATION : Crothers, Daniel John|
|4||08/29/2022||Rec'd filing fee|
|5||08/29/2022||This case is consolidated w/ 20220248. Make all entries except ROA, DIS, & MAN in this case.|
|6||08/29/2022||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|7||08/29/2022||Notice served on Jonathan T. Garaas, Gregory W. Liebl, & Michael T. Andrews|
|8||08/30/2022||NOTICE OF CROSS APPEAL||View|
|9||08/30/2022||NOT. OF FILING NOT. OF CROSS-APPEAL AND PROOF OF SERV.||View|
|10||08/30/2022||Notice served on Jonathan T. Garaas, Gregory W. Liebl, & Michael T. Andrews|
|11||09/06/2022||MOTION FOR REMAND (SUA SPONTE)|
|12||09/06/2022||ACTION BY CHIEF JUSTICE (SUA SPONTE) - Granted|
|13||09/06/2022||ORDER OF REMAND||View|
|14||09/06/2022||Briefing Schedule Stayed|
|15||09/06/2022||Order/Judgment Sent to Parties|
|16||09/12/2022||ELEC. RECORD ON APPEAL DATED SEPTEMBER 9, 2022 (ENTRY NOS. 1-282, 284-525)(NOT SENT: 283)|
|17||09/12/2022||ORDER FOR TRANSCRIPT (Steven Orwig)||View|
|18||09/16/2022||SECOND NOTICE OF CROSS APPEAL||View|
|19||09/16/2022||MOTION FOR LEAVE OF COURT TO REQUEST A LATE ORDER OF TRIAL TRANSCRIPT||View|
|20||09/16/2022||ACTION BY CLERK (transcript due to be filed 10/28/22) - Granted|
|21||09/16/2022||NOT. OF FILING SECOND NOT. OF CROSS-APPEAL AND PROOF OF SERV.||View|
|22||09/16/2022||Notice served on Jonathan T. Garaas, Gregory W. Liebl, & Michael T. Andrews|
|23||10/28/2022||All Transcripts Filed in Record|
|25||11/15/2022||Oral Argument Request by Appellant|
|26||11/17/2022||Rec'd corrections to ATB|
|27||11/21/2022||Rec'd 3 copies of ATB from CSD|
|28||12/08/2022||MOT. EXT/TIME APPELLEE BRIEF-Steven Mark Orwig|
|29||12/08/2022||ACTION BY CHIEF DEPUTY CLERK - Granted : 12/29/2022|
|31||12/30/2022||Oral Argument Request by Appellee|
|32||01/04/2023||Rec'd 3 copies of AEB from CSD|
|33||01/10/2023||REPLY BRIEF (Mary Caroline Orwig)||View|
|34||01/24/2023||Rec'd 3 copies of RYB from CSD|
|35||01/24/2023||REPLY BRIEF (Steven Mark Orwig)||View|
|36||01/24/2023||NOTICE OF ORAL ARGUMENT SENT|
|37||01/25/2023||Rec'd 3 copies of RYB from CSD (Steven Mark Orwig)|
|38||01/30/2023||SITTING WITH THE COURT : Nelson, David W.|
|39||02/21/2023||APPEARANCES: Jonathan T. Garaas and Gregory W. Liebl|
|40||02/21/2023||ARGUED: Jonathan T. Garaas and Gregory W. Liebl|
|41||02/21/2023||ORAL ARGUMENT WEBCAST|