TARNAVSKY v. CYMBALUK

Per Curiam.

[¶ 1] In consolidated appeals, Edward Tarnavsky appealed from the district court's orders denying his motions in the underlying cases which sought relief under N.D.R.Civ.P. 60(b). On appeal, Tarnavsky argues that "the court ha[s] an appearance of impropriety" in the underlying cases sufficient to warrant reversal. Tarnavsky also argues the court abused its discretion in one underlying case by awarding payment to creditors directly from Tarnavsky's trust income and by directing the receiver to grant easements from the trust. We affirm under N.D.R.App.P. 35.1(a)(1).

[¶ 2] The appellees seek various sanctions on appeal based on Tarnavsky's frivolous appeals. We award double costs on appeal to the appellees. To the extent the various appellees wish to pursue additional sanctions, we remand to the district court and authorize the court in its discretion to determine and award reasonable attorney's fees for the appeals and to consider the appellees' requested injunctive relief.

[¶ 3] Gerald W. VandeWalle, C.J.

Dale V. Sandstrom

Daniel J. Crothers

Mary Muehlen Maring

Carol Ronning Kapsner