Terry v. Terry
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| 20010039 |
Faron E. Terry, Plaintiff and Appellee
v.
Lana K. Terry, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Gail H. Hagerty |
|
Nature of Action: |
Divorce/Property Div./Alimony
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| Counsel: |
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| Term: |
10/2001 Argument: 10/24/2001 01:30pm
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| ND cite: |
2002 ND 2
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| NW cite: |
638 N.W.2d 11
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
Did the trial court err when it failed to set aside the Judgment upon a showing of patent unfairness, that the agreement was unconscionable, and when the underlying Judgment is clouded with over reaching, excusable neglect, misconduct, and
misrepresentation?
Appellee's Statement of the Issues:
1. Did the trial court abuse its discretion in denying the Appellant's
Motion to Vacate Judgment?
2. Were the terms of the stipulation and resulting judgment unconscionable?
3. Did Faron Terry represent Lana Terry in the parties divorce proceedings?
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| 1 | | 02/06/2001 | |
NOTICE OF APPEAL: 02/02/2001 |
| 2 | | 02/06/2001 | |
ORDER FOR TRANSCRIPT: 02/02/2001 |
| 3 | | 03/23/2001 | |
MOT. EXT/TIME TRANSCRIPT |
| 4 | | 03/23/2001 | |
ACTION BY TRIAL COURT. Granted: 05/02/2001 |
| 5 | | 05/02/2001 | |
TRANSCRIPT DATED October 18, 2001 |
| 6 | | 05/02/2001 | |
DISK of TRA (e-mailed) |
| 7 | | 05/07/2001 | |
RECORD ON APPEAL |
| 8 | | 05/07/2001 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 9 | | 06/06/2001 | |
MOT. EXT/TIME APPELLANT BRIEF (letter dated 6-5-01 from Robert S. Rau) |
| 10 | | 06/06/2001 | |
ACTION BY CLERK. Granted: 06/21/2001 |
| 11 | | 06/19/2001 | |
APPELLANT BRIEF |
| 12 | | 06/19/2001 | |
Addendum to Appellant Brief |
| 13 | | 06/19/2001 | |
APPELLANT APPENDIX |
| 14 | | 06/20/2001 | |
DISK - ATB |
| 15 | | 07/12/2001 | |
MOT. EXT/TIME APPELLEE BRIEF (letter dated 7-11-01) |
| 16 | | 07/12/2001 | |
ACTION BY CHIEF DEPUTY CLERK (MAE). Granted: 07/30/2001 |
| 17 | | 07/24/2001 | |
MOT. EXT/TIME APPELLEE BRIEF (faxed letter from Paul Probst dated 7-24-01) |
| 18 | | 07/24/2001 | |
ACTION BY CLERK. Granted: 08/15/2001 |
| 19 | | 07/25/2001 | |
Original letter dated 7-24-91 from Paul Probst re MAE |
| 20 | | 08/14/2001 | |
APPELLEE BRIEF |
| 21 | | 08/15/2001 | |
DISK - AEB |
| 22 | | 09/25/2001 | |
SITTING WITH THE COURT: Rothe-Seeger, Cynthia |
| 23 | | 10/24/2001 | |
APPEARANCES: Robert S. Rau, Lana K. Terry; Paul M. Probst |
| 24 | | 10/24/2001 | |
ARGUED: Rau; Probst |
| 25 | | 10/24/2001 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 01/04/2002 | |
DISPOSITION: AFFIRMED |
| 27 | | 01/04/2002 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 28 | | 01/04/2002 | |
Costs on appeal taxed in favor of Appellee Faron Terry |
| 29 | | 01/07/2002 | |
Order/Judgment Mailed to Parties |
| 30 | | 01/29/2002 | |
MANDATE |
| 31 | | 01/30/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 32 | | 07/31/2007 | |
EXPUNGED - Nonpermanent record items destroyed |