Logan v. Bush
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| 20000090 |
Judy M. Logan, f/k/a
Judy M. Bush, Plaintiff and Appellant
v.
John M. Bush, Defendant and Appellee
|
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Lawrence A. Leclerc |
|
Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
09/2000 Argument: 09/20/2000 10:45am
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| ND cite: |
2000 ND 203
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| NW cite: |
621 N.W.2d 314
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| Issues: |
Appellant's Statement of the Issues:
I. The trial court erred in its determination of Judy Logan's net income and child support obligation by imputing income to Judy Logan and using Judy Logan's prior income and not her current income.
Ii. The trial court erred by not providing Judy Logan with a credit for her overpayment of child support beyond the time required by law.
Iii. The district court erred in determining Judy Logan was not entitled to an adjustment in her child support obligation for extended visitation as provided by North Dakota Administrative Code Section 75-02-04.1-08.1.
Appellee's Statement of the Issues:
I. The trial court properly determined that Judy Logan made a voluntary change in employment resulting in a reduction of income and therefore was not required to make a finding that Judy Logan was underemployed in order to impute one hundred percent
of her greatest monthly earnings pursuant to north dakota administrative code section 75-02-04.1-07(9).
II. The trial court properly denied Judy Logan's Motion for Correction where no clerical mistake existed.
III. Judy Logan failed to establish that she was entitled to an adjustment in her child support obligation for extended visitation.
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 Add Docket 20000090 RSS
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| 1 | | 03/28/2000 | |
NOTICE OF APPEAL: 03/27/2000 |
| 2 | | 03/28/2000 | |
ORDER FOR TRANSCRIPT (Vicky Matthys): 03/27/2000 |
| 3 | | 03/31/2000 | |
TRANSCRIPT DATED December 14, 2000 |
| 4 | | 04/03/2000 | |
DISK - TRA |
| 5 | | 04/28/2000 | |
RECORD ON APPEAL (not rec'd - Entry no. 74 (tape) & no. 85 (copy of transcript) |
| 6 | | 05/09/2000 | |
APPELLANT BRIEF |
| 7 | | 05/09/2000 | |
APPELLANT APPENDIX |
| 8 | | 05/10/2000 | |
DISK - ATB |
| 9 | | 05/22/2000 | |
Letter dated 5-15-00 from James R. Brothers re NOT submitting a brief & not appearing for OA |
| 10 | | 05/22/2000 | |
(DISTRIBUTE LETTER W/BRIEFS) |
| 11 | | 06/07/2000 | |
APPELLEE BRIEF |
| 12 | | 06/08/2000 | |
DISK- aeb |
| 13 | | 06/13/2000 | |
Request for add'l time to correct TOA for AEB (letter from Daniel Bertsch's office) |
| 14 | | 06/13/2000 | |
ACTION BY CLERK. granted |
| 15 | | 06/22/2000 | |
Corrected TOA & pages for Appellee's Brief |
| 16 | | 06/22/2000 | |
DISK - Corrected AEB |
| 17 | | 06/22/2000 | |
REPLY BRIEF |
| 18 | | 06/23/2000 | |
DISK - RYB |
| 19 | | 07/07/2000 | |
Corrected TOA, and page of RYB |
| 20 | | 07/07/2000 | |
DISK - Corrected RYB |
| 21 | | 09/08/2000 | |
MOTION TO AMEND APPELLEE'S BRIEF |
| 22 | | 09/13/2000 | |
ACTION BY CLERK (mot/amend AEB). Granted |
| 23 | | 09/13/2000 | |
DISK - amended AEB |
| 24 | | 09/20/2000 | |
APPEARANCES: Thomas D. Fiebiger and Judy M. Logan; Daniel E. Bertsch |
| 25 | | 09/20/2000 | |
ARGUED: Fiebiger; Bertsch (Vol. X; page 58B) |
| 26 | | 12/07/2000 | |
DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT |
| 27 | | 12/07/2000 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 28 | | 12/07/2000 | |
At the direction of the Court, no costs will be taxed on this appeal. |
| 29 | | 12/08/2000 | |
Order/Judgment Mailed to Parties |
| 30 | | 12/21/2000 | |
PETITION FOR REHEARING |
| 31 | | 01/04/2001 | |
DISK - PER. Denied |
| 32 | | 01/30/2001 | |
ACTION BY SUPREME COURT. denied |
| 33 | | 01/30/2001 | |
An additional Opinion Page was filed January 30, 2001, this added paragraphs 45 thru 48 to this |
| 34 | | 01/30/2001 | |
opinion regarding the denial of the petition for rehearing. |
| 35 | | 02/07/2001 | |
MANDATE |
| 36 | | 05/25/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 37 | | 05/16/2007 | |
EXPUNGED - Nonpermanent record items destroyed |