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Orwig v. Orwig

Docket No. 20220247
Oral Argument: Tuesday, February 21, 2023 10:45 AM

Docket Info

Title
Steven Mark Orwig, Plaintiff, Appellee, and Cross-Appellant
v.
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
Oral Argument 2/21/2023

Parties' Statement of Issues

  • Appellant

    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?

  • Appellee 1

    [¶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?


Summary

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.


Briefs

Filing Date Description
11/15/2022 APPELLANT BRIEF View
12/29/2022 APPELLEE BRIEF View
01/10/2023 REPLY BRIEF (Mary Caroline Orwig) View
01/24/2023 REPLY BRIEF (Steven Mark Orwig) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Jonathan T. Garaas - 03080
APPELLEE PRIVATE PRACTICE Gregory William Liebl - 06132

(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
24 11/15/2022 APPELLANT BRIEF View
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
30 12/29/2022 APPELLEE BRIEF View
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