Kautzman v. Kautzman

20010296

Rachel M. Kautzman,
n/k/a Rachel M. Dietz, Plaintiff and Appellee
v.
Robert A. Kautzman, Defendant and Appellant

Appeal from:

District Court, East Central Judicial District, Cass County
Judge Norman J. Backes

Nature of Action:

Counsel:

Appellant:		Garaas Law Firm
Appellee:		Vogel Law Firm
Appellant:		Johnson, Ramstad & Mottinger, PLLP

Term:

04/2002 Argument: 04/30/2002 10:45am

ND cite:

2002 ND 118

NW cite:

647 N.W.2d 684

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Issues:

Appellant's Statement of the Issues:
I. After a demand for change of judge has been validated, may the original judge continue to act as a presiding judge for a cause?
II. Is nonpayment of spousal support punishable as a contempt of court?
III. Can an individual be found in contempt of court for nonpayment of spousal support without any evidence?
IV. Can an individual be found in contempt of court for nonpayment of spousal support without evidence of "intentional" nonpayment?
V. Can an individual be found in contempt of court for nonpayment of spousal support when the court also determines that the court-ordered spousal support was based upon a prior judicial error?
VI. Can an individual be found in contempt of court for nonpayment of spousal support with prospective similar determinations without a full opportunity to appear, explain, and defend?
VII. Can an individual be imprisoned for remedial contempt of court once he begins the identified process of purging himself of the contempt?
VIII. What is the effect of a sheriff's sale of real property pursuant to a subsequent money judgment but secured by a prior judicial lien?
IX. May a district judge excuse ex parte communications initiated by one of the parties?
X. If an judgment rendered in equity is no longer equitable, is the party suffering from the inequity entitled to relief from the inequitable judgment?

Appellee's Statement of the Issues:
1. Whether the district court correctly denied Roberts' demand for change of judge.
2. Whether the district court abused its discretion in finding Robert in contempt of court.
3. Whether the district court properly entered judgment against Robert based on his failure to make a required property distribution payment.

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Docket entries:

1	12/05/2001	NOTICE OF APPEAL: 11/30/2001
2	12/05/2001	ORDER FOR TRANSCRIPT: 11/30/2001
3	12/05/2001	ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
4	12/17/2001	Transcripts dated 9-28-00 & 7-16-01
5	12/18/2001	DISK - tra dated 9-28-00 & 7-16-01
6	12/27/2001	TRANSCRIPT DATED March 14, 2001
7	12/28/2001	DISK - tra dated March 14, 2001
8	01/14/2002	TRANSCRIPT DATED January 10, 2002
9	01/15/2002	DISK - TRA of 1-10-02
10	01/18/2002	RECORD ON APPEAL (12 volumes)(separates 16, 17, 27, 28, 36, 75, 76, 125, 166-168, 173, 175, 179-182
11	01/18/2002	190-192, 215, 220, 227, 228, 256, 281-292, 295, 296, 312, 325-328, 354, 411, 463-478, 490, 491,
12	01/18/2002	525, 529, 544, 549, 556, 583, 585, 603, 613-616, 627, 642, 781, 825, 836, 837, 907, 916-924, 927,
13	01/18/2002	930, 941, 987, 1022, and 1027
14	01/18/2002	Not rec'd with ROA - 11, 34, 35, 46, 61, 74, 104, 126, 129, 137, 147, 356, 455, 482, 512, 527,
15	01/18/2002	548, 557, 574, 593, 611, 612, 643, 652, 720, 745, 758, 763, 799, 812, 853, 857, 897, 913, 932, 946,
16	01/18/2002	981, 982, 994, and 1024 (steno notes and tapes) & 174 (missing document)
17	02/05/2002	Appellant Brief
18	02/05/2002	attachments to ATB
19	02/05/2002	APPELLANT APPENDIX
20	02/07/2002	DISK - ATB
21	03/04/2002	APPELLEE APPENDIX
22	03/04/2002	APPELLEE BRIEF
23	03/08/2002	DISK - AEB
24	03/21/2002	REPLY BRIEF
25	03/22/2002	DISK - RYB
26	04/02/2002	SITTING WITH THE COURT: Graff, Benny A.
27	04/30/2002	APPEARANCES: Jonathan T. Garaas; Steven A. Johnson
28	04/30/2002	ARGUED: Garaas; Johnson (Vol. X; Page 219)
29	04/30/2002	ORAL ARGUMENT WEBCAST
30	07/16/2002	DISPOSITION: AFFIRMED
31	07/16/2002	UNANIMOUS OPINION: Sandstrom, Dale V.
32	07/15/2002	Costs on appeal taxed in favor of appellee
33	07/15/2002	Order/Judgment Mailed to Parties
34	07/29/2002	PETITION FOR REHEARING
35	07/30/2002	DISK - PER
36	08/21/2002	ACTION BY SUPREME COURT. denied
37	09/06/2002	MANDATE
38	09/12/2002	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
39	10/09/2007	EXPUNGED - Nonpermanent record items destroyed

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