Larson v. Larson
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| 20020129 |
Robert A. Larson, Plaintiff and Appellant
v.
Patricia A. Larson, Defendant and Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Traill County
Judge Cynthia Rothe-Seeger |
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Nature of Action: |
Divorce/Property Div./Alimony
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| Counsel: |
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| Term: |
11/2002 Argument: 11/07/2002 10:45am
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| ND cite: |
2002 ND 196
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| NW cite: |
653 N.W.2d 869
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. That the court erred in failing to grant a new trial, and/or relief from judgment pursuant to rules 59 and 60, north dakota rules of civil procedure.
A. That the court erred in considering the facts, and applying the correct legal standard on the issue of robert larson's over-medication on the morning of 04 jan 2001.
B. That the court erred in considering the facts, and in applying the correct legal standard, on the issue of the unrecorded chambers conference at which robert larson was not present.
2. That the court erred in failing to grant robert larson's motion for amended findings of fact, conclusions of law, and order for issuance of amended judgment to include the following findings of fact.
A. That the paragraph regarding the property transfer of the sum of $75,330 from the ameritrade account be modified so that it reflects a transfer from the account and not a cash distribution to the defendant.
B. That the full, complete, and accurate legal descriptions of each parcel of real property be included in the judgment.
C. That the tax consequences of all parcels of real property be adequately addressed and apportioned between the parties.
Appellee's Statement of the Issues:
1.Does this Court have Jurisdiction over Robert's appeal?
2.Did the trial court err in denying the Plaintiff's motion to reconsider the Court's Order dated December 5, 2002 wherein the trial court denied the Plaintiff's motion for a new trial and/or relief from judgment pursuant to Rules 59 and 60 of the
North Dakota Rules of Civil Procedure and the Court further denied the Plaintiff's motion to amend the Findings of Fact, Conclusions of Law, and Order for Judgment?
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| 1 | | 05/28/2002 | |
NOTICE OF APPEAL: 05/23/2002 |
| 2 | | 05/28/2002 | |
ORDER FOR TRANSCRIPT: 05/23/2002 |
| 3 | | 06/06/2002 | |
TRANSCRIPT DATED 3-19-02 |
| 4 | | 06/05/2002 | |
DISK - TRA dated 3-19-02 (e-mailed) |
| 5 | | 06/18/2002 | |
RECORD ON APPEAL (2 volumes & separates (transcripts)) |
| 6 | | 07/17/2002 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 7 | | 07/17/2002 | |
ACTION BY CLERK (MAT). Granted: 08/15/2002 |
| 8 | | 08/15/2002 | |
APPELLANT BRIEF |
| 9 | | 08/16/2002 | |
APPELLANT APPENDIX |
| 10 | | 08/29/2002 | |
DISK - ATB |
| 11 | | 08/29/2002 | |
Corrected Table of Authorities (inserted into ATB) |
| 12 | | 09/03/2002 | |
MOT. EXT/TIME APPELLEE BRIEF & Affidavit (via facsimile) |
| 13 | | 09/03/2002 | |
ACTION BY CHIEF JUSTICE (with understanding that oral argument will be in November). Granted: 10/16/2002 |
| 14 | | 09/04/2002 | |
Original Motion and Affidavit |
| 15 | | 10/15/2002 | |
APPELLEE BRIEF |
| 16 | | 10/15/2002 | |
APPELLEE APPENDIX |
| 17 | | 10/16/2002 | |
DISK - AEB |
| 18 | | 10/22/2002 | |
Corrected title page for AEB |
| 19 | | 10/22/2002 | |
Table of Contents for Appellee's Appendix |
| 20 | | 11/06/2002 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 21 | | 11/06/2002 | |
SITTING WITH THE COURT: Jorgensen, Donald L. |
| 22 | | 11/06/2002 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 23 | | 11/07/2002 | |
SITTING WITH THE COURT: Olson, Everett Nels |
| 24 | | 11/07/2002 | |
APPEARANCES: Henry H. Howe; Douglas A. Christensen |
| 25 | | 11/07/2002 | |
ARGUED: Howe; Christensen (Vol. Y; Page 51) |
| 26 | | 11/07/2002 | |
ORAL ARGUMENT WEBCAST |
| 27 | | 11/12/2002 | |
MOTION TO SUPPLEMENT THE RECORD |
| 28 | | 11/13/2002 | |
Clerk's Supplemental Cert. of Record on Appeal dated November 12, 2002, with entries 81 & 82 |
| 29 | | 11/13/2002 | |
NO SEPARATE ACTION TAKEN on Motion to Supplement the Record |
| 30 | | 12/10/2002 | |
DISPOSITION (and Remanded): AFFIRMED |
| 31 | | 12/10/2002 | |
UNANIMOUS OPINION: Neumann, William A. |
| 32 | | 12/10/2002 | |
Costs on appeal taxed in favor of appellee |
| 33 | | 12/10/2002 | |
Judgment Mailed to Parties |
| 34 | | 12/11/2002 | |
Corrected/Substitute Opinion Page 5 |
| 35 | | 01/02/2003 | |
MANDATE |
| 36 | | 01/06/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 37 | | 07/29/2008 | |
EXPUNGED - Nonpermanent record items destroyed |