Johnson v. Johnson

20000309 Kathy L. Johnson, Plaintiff, Appellee
and Cross-Appellant
v.
Thomas L. Johnson, Defendant, Appellant
and Cross-Appellee

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge Mikal Simonson
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Kropp Law Offices
Appellee: Ottmar & Ottmar
Term: 05/2001   Argument: 05/15/2001  02:45pm
ND cite: 2001 ND 109
NW cite: 627 N.W.2d 779

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Issues: Appellant's Statement of the Issues:
I. Whether the trial court's division of the parties' property and debts is clearly erroneous.
II. Whether Thomas is entitled to a new trial.

Appellee's Statement of the Issues:
Whether the Trial Court's Division of the Parties' Property and Debts is Clearly Erroneous?
Whether Thomas is Entitled to a New Trial?
Whether the Trial Court Erred in Ordering a New Trial?
The Division of Property and Debts was Erroneous.
What is the Appropriate Division of Property, Debts, and Spousal Support?
Whether the Trial Court Erred in not Including the Jet Ski in the Marital Estate?
Whether the Trial Court Erred in not Awarding Kathy's Attorney Fees?

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Docket entries:
111/09/2000 NOTICE OF APPEAL: 11/03/2000
211/09/2000 ORDER FOR TRANSCRIPT: 11/03/2000
312/15/2000 Acknowledgement of order for transcript & request for advance payment (filed in trial ct 11/16)
412/15/2000 RETENTION OF RECORD ON APPEAL: 02/01/2001
512/15/2000 NOTICE OF CROSS APPEAL filed in the trial court on 12/13/00
612/15/2000 MOT. EXT/TIME TRANSCRIPT (Bunice Heidtke)
712/15/2000 ACTION BY TRIAL COURT. Granted: 02/01/2001
812/22/2000 Transcript dated February 10, 1999 & Transcript dated February 26, 1999 (2 volumes-filed by Strand)
912/26/2000 DISK - TRA (2-10-99--20000309.tr1 & 2-26-99--20000309.tr2)
1001/23/2001 TRANSCRIPTS DATED JULY 7, 1998, DECEMBER 10, 1998, FEBRUARY 11, 1999, JULY 12, 1999, JULY 14, 1999,
1101/23/2001 JULY 23, 1999, AUGUST 17, 1999, DECEMBER 22, 1999, JUNE 1, 2000
1201/24/2001 DISK - TRA'S (SEE DOCKET ENTRY OF 1-23-01 FOR DATES)
1301/24/2001 RECORD ON APPEAL (includes Pl. Exh. 1-3,1-14,& 18 and Def. Exh.1-10 & 1-6, there was not an
1401/24/2001 Entry No. 233)
1503/02/2001 MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support
1603/02/2001 ACTION BY CLERK (with understanding case will be argued in May). Granted: 03/11/2001
1703/12/2001 APPELLANT BRIEF
1803/12/2001 APPELLANT APPENDIX
1903/13/2001 DISK - ATB
2004/02/2001 Letter from Joanne H. Ottmar dated 3-30-01
2104/04/2001 MOTION to Waive Oral Argument (Letter from Joanne Ottmar dated 4-4-01)
2204/09/2001 MOT. EXT/TIME APPELLEE BRIEF
2304/09/2001 ACTION BY CLERK (Granted w/ understanding OA will be heard in May). Granted: 04/20/2001
2404/27/2001 APPELLEE BRIEF
2504/30/2001 DISK - AEB
2604/30/2001 ACTION BY SUPREME COURT (MOT/waive oral argument on behalf of AE). Granted
2705/07/2001 REPLY BRIEF OF APPELLANT (filed subject to the approval of the Court)
2805/08/2001 DISK - RYB
2905/15/2001 APPEARANCES: Lawrence P. Kropp; submitted on brief by AE
3005/15/2001 ARGUED: Kropp; submitted on brief by AE (Vol. X; page 131)
3105/15/2001 ORAL ARGUMENT WEBCAST
3206/08/2001 DISPOSITION: OR/JUD VACATED, REMANDED
3306/08/2001 UNANIMOUS OPINION: Sandstrom, Dale V.
3406/08/2001 Costs on appeal taxed in favor of Appellee
3506/11/2001 Order/Judgment Mailed to Parties
3607/05/2001 MANDATE
3707/11/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3807/12/2007 EXPUNGED - Nonpermanent record items destroyed

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