965 N.W.2d 407
N.D.2021Background:
- Glenn Solberg, self-represented, appealed two district court orders denying his motions for relief under N.D.R.Civ.P. 60(b)(6).
- This Court previously rejected Solberg’s similar arguments in Estate of Nelson (2018), finding the requested relief impossible to obtain.
- The Supreme Court summarily affirmed the district court under N.D.R.App.P. 35.1(a)(1) and (4).
- The Estate sought damages, costs, and attorney fees under N.D.R.App.P. 38, asserting the appeal was frivolous.
- The Estate submitted an affidavit documenting $10,832.60 in fees, which included travel expenses for oral argument held electronically.
- The Court found the appeal frivolous, reduced the award to double costs and fees totaling $9,500, and awarded costs and attorney fees to the Estate.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Solberg was entitled to relief under N.D.R.Civ.P. 60(b)(6) | Estate: Motions were meritless and previously decided; relief impossible | Solberg: Sought relief and attempted to relitigate prior disposition | Denial of 60(b)(6) relief affirmed; relief impossible to obtain |
| Whether the appeal was frivolous under N.D.R.App.P. 38 | Estate: Appeal was flagrantly groundless and meritless; fees warranted | Solberg: (pro se) contested relief; did not present viable grounds | Appeal held frivolous; fees and costs awarded to Estate |
| Whether the claimed attorney fees amount was appropriate | Estate: Submitted affidavit supporting $10,832.60 in fees (included travel) | Solberg: Opposed fee award | Court reduced award because oral argument was electronic; awarded double costs and fees of $9,500; affidavit requirement satisfied per Thompson |
Key Cases Cited
- Gerving v. Gerving, 956 N.W.2d 403 (N.D. 2021) (standard for finding an appeal frivolous)
- Larson v. Larson, 653 N.W.2d 869 (N.D. 2002) (definition of frivolous appeal)
- Nails v. U.S. Bank (USA) N.A., 861 N.W.2d 172 (N.D. 2015) (appeals so devoid of merit that appellant should have known success was impossible)
- Riemers v. O’Halloran, 678 N.W.2d 547 (N.D. 2004) (frivolous litigation and sanctions discussion)
- Estate of Nelson, 910 N.W.2d 856 (N.D. 2018) (prior decision rejecting Solberg’s claims)
- Thompson v. Molde, 919 N.W.2d 341 (N.D. 2018) (affidavit required when seeking more than token attorney fees)