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: |
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| Term: | 12/2000  Argument: 12/18/2000 09:30am | ||||||
| ND cite: | 2000 ND 215 | ||||||
| NW cite: |
622 N.W.2d 432
Listen to recording of oral argument using RealPlayer Basic,© a free download. | ||||||
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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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| 1 | 07/21/2000 | NOTICE OF APPEAL: 07/20/2000 | ||
| 2 | 07/28/2000 | ORDER FOR TRANSCRIPT: 07/20/2000 | ||
| 3 | 07/28/2000 | RETENTION OF RECORD ON APPEAL: 09/17/2000 | ||
| 4 | 08/30/2000 | RECORD ON APPEAL & Exhibits | ||
| 5 | 08/31/2000 | Supplemental Certificate dated 8-30-00 (Entry Nos. 78 & 79) | ||
| 6 | 08/31/2000 | TRANSCRIPT DATED February 29, 2000(Vol. I) & March 1, 2000(Vol. II) | ||
| 7 | 09/01/2000 | DISK - Transcripts dated 1-29-00 & 3-01-00 | ||
| 8 | 10/10/2000 | APPELLANT BRIEF | ||
| 9 | 10/10/2000 | APPELLANT APPENDIX | ||
| 10 | 10/11/2000 | DISK - ATB | ||
| 11 | 10/18/2000 | Copies of Docket Sheet of lower court, Judgment, and NOA for ATA | ||
| 12 | 11/13/2000 | APPELLEE BRIEF | ||
| 13 | 11/14/2000 | DISK - AEB | ||
| 14 | 11/21/2000 | Corrected Table of Authorities and page for AEB | ||
| 15 | 11/21/2000 | DISK - Corrected AEB | ||
| 16 | 12/18/2000 | APPEARANCES: Neil W. Fleming; Patti Jo Jensen, Sharon Mondry | ||
| 17 | 12/18/2000 | ARGUED: Fleming; Jensen (Vol. X; page 96) | ||
| 18 | 12/18/2000 | ORAL ARGUMENT WEBCAST | ||
| 19 | 12/21/2000 | DISPOSITION: AFFIRMED BY SUMMARY DISP. | ||
| 20 | 12/21/2000 | UNANIMOUS OPINION: , Per Curiam | ||
| 21 | 12/21/2000 | Costs on appeal taxed in favor of Appellee | ||
| 22 | 12/22/2000 | Order/Judgment Mailed to Parties | ||
| 23 | 01/12/2001 | MANDATE | ||
| 24 | 01/18/2001 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | ||
| 25 | 06/21/2007 | EXPUNGED - Nonpermanent record items destroyed |