State v. Georgeson

¶1Filed 5/1/07 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

¶4

¶5

¶6

¶72007 ND 56

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¶9

¶10

¶11Deacon’s Development, LLP, a

¶12North Dakota limited liability partnership, Plaintiff and Appellee

¶13

¶14v.

¶15

¶16Timothy C. Lamb and

¶17Elizabeth Fletcher Lamb, Defendants and Appellants

¶18

¶19

¶20

¶21No. 20060335

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¶23

¶24

¶25Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Joel D. Medd, Judge.

¶26

¶27AFFIRMED.

¶28

¶29Per Curiam.

¶30

¶31Gerard D. Neil, Gerard D. Neil, P.C., P.O. Box 477, East Grand Forks, MN 56721-0477, for plaintiff and appellee.

¶32

¶33Timothy C. Lamb (argued), pro se, and Elizabeth Fletcher Lamb (on brief), pro se, P.O. Box 5562, Grand Forks, ND 58206-5562.

¶34Deacon’s Development v. Lamb

¶35No. 20060335

¶36

¶37Per Curiam.

¶38[¶1] Timothy Lamb and Elizabeth Fletcher Lamb (“the Lambs”) appealed from a district court order denying their N.D.R.Civ.P. 60(b) motion for relief from judgment and directing them to pay $4,478.25 in costs and attorney fees to Deacon’s Development (“Deacon’s”).  The Lambs argue the district court erroneously calculated the costs and attorney fees awarded to Deacon’s as a result of the Lambs’ frivolous claim for an injunction.  SeeDeacon’s Dev., LLP v. Lamb, 2006 ND 172, ¶ 17, 719 N.W.2d 379 (remanding for determination of Deacon’s attorney fees recoverable in connection with its defense of the Lambs’ claim for an injunction).  Additionally, the Lambs contend the district court erroneously awarded Deacon’s attorney fees with regard to their motion for relief from judgment because that motion was not frivolous.      

¶39[¶2] We conclude the district court did not abuse its discretion when it awarded Deacon’s $4,478.25 in costs and attorney fees in connection with the Lambs’ claim for an injunction and their motion for relief from judgment.  We summarily affirm under N.D.R.App.P. 35.1(a)(4).  Both parties have included items outside the record in their filings with this Court, and we decline to award either party costs on appeal.

¶40[¶3] Gerald W. VandeWalle, C.J.

¶41Dale V. Sandstrom

¶42Carol Ronning Kapsner

¶43Mary Muehlen Maring

¶44Daniel J. Crothers