Toni v. Toni
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| 20010084 |
Conrad R. Toni, Plaintiff and Appellee
v.
Sheila A. Toni, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Georgia Dawson |
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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 02:45pm
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| NW cite: |
636 N.W.2d 396
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
Whether a divorce stipulation regarding spousal support can divest the trial court of its statutory authority to modify the amount and duration of such support in the future due to changed circumstances.
If a divorce stipulation may divest the trial court of its authority to modify the spousal support contained within it, whether Section III(O) of the parties' divorce stipulation in this case was sufficient to divest the trial court of its statutory
authority to modify the duration of spousal support in the future.
Appellee's Statement of the Issues:
I. Whether the parties to a divorce settlement agreement may contract to make spousal support nonmodifable by divesting the court of jurisdiction over the issue.
II. Whether the trial court properly concluded that it had no jurisdiction to modify spousal support under a judgment in which the court was divested of such jurisdiction.
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| 1 | | 03/26/2001 | |
NOTICE OF APPEAL: 03/23/2001 |
| 2 | | 03/26/2001 | |
ORDER FOR TRANSCRIPT (Vicky Matthys): 03/23/2001 |
| 3 | | 04/18/2001 | |
RETENTION OF RECORD ON APPEAL: 05/12/2001 |
| 4 | | 05/03/2001 | |
TRANSCRIPT DATED January 17, 2001 |
| 5 | | 05/04/2001 | |
DISK - TRA of 1-17-01 |
| 6 | | 05/08/2001 | |
RECORD ON APPEAL w/exception of Entry Nos. 8 & 27(Tapes) |
| 7 | | 06/12/2001 | |
APPELLANT BRIEF |
| 8 | | 06/12/2001 | |
APPELLANT APPENDIX |
| 9 | | 06/19/2001 | |
Corrected covers for ATB and ATA |
| 10 | | 06/19/2001 | |
DISK - ATB |
| 11 | | 07/16/2001 | |
APPELLEE BRIEF |
| 12 | | 07/17/2001 | |
DISK - AEB (opened in Quick View) |
| 13 | | 07/31/2001 | |
REPLY BRIEF of Appellant |
| 14 | | 08/01/2001 | |
DISK - RYB |
| 15 | | 09/07/2001 | |
Request for Radio/TV Coverage - AP (e-mail from Jack McDonald dated 9-06-01) (APPROVED) |
| 16 | | 09/11/2001 | |
APPEARANCES: LaDonne R. Vik; Maureen Holman |
| 17 | | 09/11/2001 | |
ARGUED: Vik; Holman (Vol. X; Page 155) |
| 18 | | 09/11/2001 | |
ORAL ARGUMENT WEBCAST |
| 19 | | 12/05/2001 | |
DISPOSITION: AFFIRMED |
| 20 | | 12/05/2001 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 21 | | 12/05/2001 | |
(DISSENT): Maring, Mary Muehlen: DISSENT |
| 22 | | 12/05/2001 | |
Costs on appeal taxed in favor of appellee |
| 23 | | 12/07/2001 | |
Order/Judgment Mailed to Parties |
| 24 | | 01/10/2002 | |
MANDATE |
| 25 | | 01/15/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 26 | | 08/14/2007 | |
EXPUNGED - Nonpermanent record items destroyed |