Matter of Emelia Hirsch Trust

In the Matter of the Emelia Hirsch, June 9, 1994, Irrevocable Trust
------------------------
Timothy Betz, Respondent and Appellant
v.
Emelia A. Hirsch, aka Emelia Hirsch, aka Emilia Hirsch, Petitioner
and
Carolyn Twite and Duane Hirsch, Petitioners and Appellees

No. 20160189

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Gail Hagerty, Judge.
AFFIRMED.
Per Curiam.
Sheldon A. Smith and David J. Smith, P.O. Box 460, Bismarck, ND 58502-0460, for petitioners and appellees; on brief.
Timothy Betz, self-represented, 5118 Hayden Ln., Fayetteville, NC 28304, respondent and appellant; on brief.

Matter of Emelia Hirsch TrustNo. 200160189

Per Curiam.

[¶1] Timothy Betz appealed from a district court order denying a motion to vacate an earlier order which reformed a trust. Because Betz raises the same issues on appeal as in a previously controlling decision from this Court, we affirm under N.D.R.App.P. 35.1(a)(1) and (7). See In re Emelia Hirsch, June 9, 1994, Irrevocable Trust, 2009 ND 135, 770 N.W.2d 225. We further order Timothy Betz to pay attorney's fees of $1,000 plus double costs under N.D.R.App.P. 38. On this record, we decline to bar Timothy Betz from filing further motions concerning this trust without prior approval of a presiding district court judge when the trustees have not yet asked the district court to do so.

[¶2] Gerald W. VandeWalle, C.J.
Lisa Fair McEvers
Carol Ronning Kapsner
Daniel J. Crothers
Thomas E. Merrick, D.J.

[¶3] The Honorable Thomas Merrick, D.J., sitting in place of Sandstrom, J., disqualified.