Rydberg v. Rydberg
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| 20030212 |
Diane L. Rydberg, Daniel P. Richter,
Director, and Ward County
Social Service Board, Plaintiffs and Appellants
v.
Andrew G. Rydberg, Defendant and Appellee
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge Gary A. Holum |
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Nature of Action: |
Child Support
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| Counsel: |
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| Term: |
12/2003 Argument: 12/11/2003 09:30am
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| ND cite: |
2004 ND 73
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| NW cite: |
678 N.W.2d 534
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Did the District Court err when it dismissed the child support action against Andrew based upon genetic tests that excluded him as the child's biological father?
Appellee's Statement of the Issues:
The Child Support Enforcement Agency should not be allowed to raise issues in its brief
on appeal that were not raised in its motion for reconsideration to the trial court.
Andrew Rydberg may raise non-paternity as an affirmative defense in a child support action
even though the statute of limitations may prevent him in a paternity action.
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| 1 | | 07/16/2003 | |
NOTICE OF APPEAL: 07/15/2003 |
| 2 | | 07/16/2003 | |
ORDER FOR TRANSCRIPT: 07/15/2003 |
| 3 | | 08/14/2003 | |
RECORD ON APPEAL |
| 4 | | 08/27/2003 | |
TRANSCRIPT DATED SEPTEMBER 23, 2002 |
| 5 | | 08/28/2003 | |
DISK - tra (9-23-02) |
| 6 | | 10/03/2003 | |
APPELLANT BRIEF |
| 7 | | 10/03/2003 | |
APPELLANT APPENDIX |
| 8 | | 10/09/2003 | |
Corrected TOA & page 8 for the ATB and corrected TOC & Order dated 5-19-03 for ATA |
| 9 | | 10/09/2003 | |
DISK - ATB |
| 10 | | 10/28/2003 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 11 | | 10/28/2003 | |
ACTION BY CLERK. Granted: 11/17/2003 |
| 12 | | 11/14/2003 | |
APPELLEE BRIEF |
| 13 | | 11/14/2003 | |
APPELLEE APPENDIX |
| 14 | | 11/19/2003 | |
Copies of Table of Authorities for Appellee's Brief |
| 15 | | 11/19/2003 | |
DISK - AEB |
| 16 | | 11/25/2003 | |
Request for Radio/TV Coverage (AP) (e-mail from Dale Wetzel dated 11-24-03) (AUTHORIZED) |
| 17 | | 12/11/2003 | |
APPEARANCES: Tina M. Heinrich and Lisa J. Zastrow; Faron E. Terry |
| 18 | | 12/11/2003 | |
ARGUED: Heinrich; Terry (Vol. Y; Page 184) |
| 19 | | 12/11/2003 | |
ORAL ARGUMENT WEBCAST |
| 20 | | 04/13/2004 | |
DISPOSITION: AFFIRMED |
| 21 | | 04/13/2004 | |
SPLIT OPINION: Sandstrom, Dale V. |
| 22 | | 04/13/2004 | |
Dissent: Kapsner, Carol Ronning: DISSENT |
| 23 | | 04/13/2004 | |
Dissent: Maring, Mary Muehlen: DISSENT |
| 24 | | 04/13/2004 | |
Costs on appeal taxed in favor of Appellee, Andrew Rydberg |
| 25 | | 04/15/2004 | |
Judgment Mailed to Parties |
| 26 | | 05/07/2004 | |
MANDATE |
| 27 | | 05/25/2004 | |
Corrected Opinion Page 19 |