Sommer v. Sommer
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| 20010044 |
Kathleen M. Sommer, Plaintiff and Appellee
v.
Donald H. Sommer, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
McLean County
Judge Robert O. Wefald |
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Nature of Action: |
Divorce/Property Div./Alimony
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| Counsel: |
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| Term: |
09/2001 Argument: 09/11/2001 09:30am
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| ND cite: |
2001 ND 191
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| NW cite: |
636 N.W.2d 423
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. The district court's award of permanent spousal support to Kathleen is clearly erroneous
A. Kathleen was not disadvantaged by the divorce
B. Kathleen did not forego any opportunities or lose advantages
due to the marriage
C. Kathleen does have a comparable earning ability
D. Kathleen is not disabled
E. One minor incident does not support a finding of domestic
violence
F. Kathleen's financial misconduct was ignored by the
court
G. Kathleen is capable of rehabilitation
2. The court erred by not considering the property division when
determining the amount of spousal support
3. The court erred in not eliminating or reducing the award of spousal support upon Don's retirement
Appellee's Statement of the Issues:
The trial court properly awarded permanent spousal support to Kathleen Sommer.
The trial court properly considered the property division when determining the amount of spousal support.
The trial court did not err in continuing spousal support without a defined reduction upon Donald's retirement.
Kathleen Sommer is entitled to an award of attorney fees for this appeal.
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| 1 | | 02/09/2001 | |
NOTICE OF APPEAL: 02/08/2001 |
| 2 | | 02/09/2001 | |
ORDER FOR TRANSCRIPT: 02/08/2001 |
| 3 | | 02/19/2001 | |
Copy of Receipt and Acceptance of Trans. Order; Court Reporter's Estimate on Cost of Appeal TRA and |
| 4 | | 02/19/2001 | |
Demand for Advance Payment (Lois, Scharnhorst, Ct. Reporter) |
| 5 | | 03/12/2001 | |
RETENTION OF RECORD ON APPEAL: 03/30/2001 |
| 6 | | 03/30/2001 | |
TRANSCRIPT DATED November 22, 2000 |
| 7 | | 04/03/2001 | |
DISK - TRA (e-mailed) |
| 8 | | 04/03/2001 | |
RECORD ON APPEAL & exhibits |
| 9 | | 05/09/2001 | |
APPELLANT BRIEF |
| 10 | | 05/09/2001 | |
APPELLANT APPENDIX |
| 11 | | 05/09/2001 | |
DISK - ATB |
| 12 | | 06/08/2001 | |
APPELLEE BRIEF |
| 13 | | 06/08/2001 | |
APPELLEE APPENDIX |
| 14 | | 06/08/2001 | |
DISK - AEB |
| 15 | | 09/11/2001 | |
APPEARANCES: Mary Kae Kelsch, Donald Sommer; Shari J. McPhail |
| 16 | | 09/11/2001 | |
ARGUED: Kelsch; McPhail (Vol. X; Page 154) |
| 17 | | 09/11/2001 | |
ORAL ARGUMENT WEBCAST |
| 18 | | 12/05/2001 | |
DISPOSITION (and Remanded): AFFIRMED |
| 19 | | 12/05/2001 | |
SPLIT OPINION: Maring, Mary Muehlen |
| 20 | | 12/05/2001 | |
(CONCUR in Result): Sandstrom, Dale V.: CON/RES |
| 21 | | 12/05/2001 | |
Costs on appeal taxed in favor of appellee |
| 22 | | 12/07/2001 | |
Order/Judgment Mailed to Parties |
| 23 | | 01/10/2002 | |
MANDATE |
| 24 | | 01/16/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 25 | | 08/02/2007 | |
EXPUNGED - Nonpermanent record items destroyed |