Quamme v. Bellino
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| 20020024 |
Brian J. Quamme, Plaintiff and Appellant
v.
Joann L. Bellino,
f/k/a Joann L. Quamme, Defendant and Appellee
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| Appeal from: |
District Court,
Southeast Judicial District,
Richland County
Judge John T. Paulson |
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Nature of Action: |
Divorce/Property Div./Alimony
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| Counsel: |
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| Term: |
09/2002 Argument: 09/03/2002 01:30pm
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| ND cite: |
2002 ND 159
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| NW cite: |
652 N.W.2d 360
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the trial court erred in awarding permanent spousal support after it had lost subject matter jurisdiction by its failure to expressly retain it.
2. Whether the trial court erred in awarding permanent spousal support absent the appellee's demonstrating any material change of circumstances not previously contemplated by the trial court in fashioning its original award of limited rehabilitative
spousal maintenance.
3. Whether the trial court erred in failing to terminate the award of permanent spousal support upon the payor's reasonable retirement or death.
Appellee's Statement of the Issues:
A. The Trial Court had Jurisdiction to Award Permanent Spousal Support.
(1) Jurisdiction was never "lost" because the Court continued the March 11, 1999 motion until it was finally heard onFebruary 5, 2000.
(2) Jurisdiction was never "lost" because jurisdiction to award spousal support is statutory.
B. There was a Material Change of Circumstance which Allowed an Award of Permanent Spousal Support.
C. The Trial Court was not Required to Terminate the Award of Permanent Spousal Support upon Brian's Retirement or Death.
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 Add Docket 20020024 RSS
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| 1 | | 01/24/2002 | |
NOTICE OF APPEAL: 01/23/2002 |
| 2 | | 01/24/2002 | |
ORDER FOR TRANSCRIPT (Gary N. McCullough): 01/23/2002 |
| 3 | | 01/29/2002 | |
RETENTION OF RECORD ON APPEAL: 04/11/2002 |
| 4 | | 03/11/2002 | |
TRANSCRIPT commencing 9-20-01 |
| 5 | | 03/12/2002 | |
DISK - TRA commencing 9-20-01 |
| 6 | | 03/25/2002 | |
Transcript dated 5-2-00 |
| 7 | | 03/26/2002 | |
DISK -- TRA (5-2-00) |
| 8 | | 04/10/2002 | |
RECORD ON APPEAL (5 vols.), Exhibits, & original TRA. dated 12-14-94 (Not rec'd were #10,22,26,38, |
| 9 | | 04/10/2002 | |
49,58,75,87,92,97,101,114,123,&136(Reporter Notes); #94(Def's Exh. 24-33,35,37,38,&39); |
| 10 | | 04/10/2002 | |
#95 (Plaintiff's Exhs. 1&2); #96(Def's Exh. 35 & 36); #98 (Deposition of Brian Quamme W/Exh.1-22); |
| 11 | | 04/10/2002 | |
Plaintiff's Exhibits 1-6; and Defendant's Exhibits 1-50 |
| 12 | | 04/22/2002 | |
APPELLANT BRIEF |
| 13 | | 04/22/2002 | |
APPELLANT APPENDIX |
| 14 | | 04/29/2002 | |
Corrected Table of Authorities, Page 7 and Page 8 for ATB |
| 15 | | 04/29/2002 | |
DISK - ATB (e-mailed) |
| 16 | | 04/29/2002 | |
SUPPLEMENTAL CLERK'S CERTIFICATE (entries No. 94, 95, 96, 98 ((Deposition of Brian Quamme w/Exh. |
| 17 | | 04/29/2002 | |
1-22)), and #154a) |
| 18 | | 05/17/2002 | |
APPELLEE BRIEF |
| 19 | | 05/17/2002 | |
Addendum to Appellee's Brief |
| 20 | | 05/23/2002 | |
DISK - AEB |
| 21 | | 08/06/2002 | |
SUPPLEMENTAL CLERK'S CERTIFICATE (entry 195) |
| 22 | | 09/03/2002 | |
APPEARANCES: John D. Bullis, Brian Quamme; Mark A. Meyer, Joann Bellino |
| 23 | | 09/03/2002 | |
ARGUED: Bullis; Meyer (Vol. Y; Page 16) |
| 24 | | 09/03/2002 | |
ORAL ARGUMENT WEBCAST |
| 25 | | 10/15/2002 | |
DISPOSITION: AFFIRMED |
| 26 | | 10/15/2002 | |
SPLIT OPINION: Maring, Mary Muehlen |
| 27 | | 10/15/2002 | |
(CONCUR in result): Sandstrom, Dale V.: CON/RES |
| 28 | | 10/15/2002 | |
(CONCUR in Result): VandeWalle, Gerald W.: CON/RES |
| 29 | | 10/15/2002 | |
(Join Concur in Result): Neumann, William A.: JN/CON |
| 30 | | 10/15/2002 | |
(CONCUR): Kapsner, Carol Ronning: CONCUR |
| 31 | | 10/15/2002 | |
Costs on appeal taxed in favor of appellee |
| 32 | | 10/22/2002 | |
Order/Judgment Mailed to Parties |
| 33 | | 11/07/2002 | |
MANDATE |
| 34 | | 11/13/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 35 | | 06/23/2008 | |
EXPUNGED - Nonpermanent record items destroyed |