Mondry v. Mondry

20000207 Timothy Joseph Mondry, Plaintiff and Appellant
v.
Sharon Jean Mondry, Defendant and Appellee

Appeal from: District Court, Northeast Judicial District, Walsh County
Judge M. Richard Geiger
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Fleming, DuBois & Fleming, PLLP
Appellee: Galstad, Jensen & McCann, P.A.
Term: 12/2000   Argument: 12/18/2000  09:30am
ND cite: 2000 ND 215
NW cite: 622 N.W.2d 432

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Issues: Appellant's Statement of the Issues:
Issue No. I
The court erred in finding that the Fred Mondry and Sons Norwest operating debt of $55,050 was part of the $229,050 obligation of Tim Mondry, Inc. and therefore was a duplication. (Finding of Fact 23(m)).
Issue No. II
The court erred in placing a marital value of $105,000 on the Minto potato warehouse and then awarding it at that value to Tim rather than Sharon. (Finding of Fact 23(a)).
Issue No. III
The court erred in stating that Tim Mondry had not maximized his borrowing ability with Norwest Bank. (Finding of Fact 26(m)).
Issue No. IV
The court abused its discretion in awarding Sharon $5,000 in attorneys fees in light of the Riverfork federal debt which was for attorneys fees. This amounts to a duplication, (Finding of Fact 23(p)).

Appellee's Statement of the Issues:
1. The court did not abuse its discretion in its finding regarding the amount of debt, as well as the allocation of the debt.
2. The court did not abuse its discretion in its valuation and award of the Minto potato warehouse.
3. The court did not abuse its discretion in its finding that the plaintiff/appellant had not maximized his borrowing ability.
4. The court did not abuse its discretion in its award of attorney's fees.


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Docket entries:
107/21/2000 NOTICE OF APPEAL: 07/20/2000
207/28/2000 ORDER FOR TRANSCRIPT: 07/20/2000
307/28/2000 RETENTION OF RECORD ON APPEAL: 09/17/2000
408/30/2000 RECORD ON APPEAL & Exhibits
508/31/2000 Supplemental Certificate dated 8-30-00 (Entry Nos. 78 & 79)
608/31/2000 TRANSCRIPT DATED February 29, 2000(Vol. I) & March 1, 2000(Vol. II)
709/01/2000 DISK - Transcripts dated 1-29-00 & 3-01-00
810/10/2000 APPELLANT BRIEF
910/10/2000 APPELLANT APPENDIX
1010/11/2000 DISK - ATB
1110/18/2000 Copies of Docket Sheet of lower court, Judgment, and NOA for ATA
1211/13/2000 APPELLEE BRIEF
1311/14/2000 DISK - AEB
1411/21/2000 Corrected Table of Authorities and page for AEB
1511/21/2000 DISK - Corrected AEB
1612/18/2000 APPEARANCES: Neil W. Fleming; Patti Jo Jensen, Sharon Mondry
1712/18/2000 ARGUED: Fleming; Jensen (Vol. X; page 96)
1812/18/2000 ORAL ARGUMENT WEBCAST
1912/21/2000 DISPOSITION: AFFIRMED BY SUMMARY DISP.
2012/21/2000 UNANIMOUS OPINION: , Per Curiam
2112/21/2000 Costs on appeal taxed in favor of Appellee
2212/22/2000 Order/Judgment Mailed to Parties
2301/12/2001 MANDATE
2401/18/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2506/21/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 03/19/2010