T.E.J. v. T.S. | |||||||
| 20030337 |
T.E.J., Plaintiff and Appellant
v. T.S. and L.R.S.-J., a minor child, by and through her guardian, T.S., Defendants and Appellees | ||||||
| Appeal from: |
District Court,
South Central Judicial District,
Morton County
Judge Gail H. Hagerty | ||||||
| Nature of Action: | Paternity | ||||||
| Counsel: |
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| Term: | 03/2004  Argument: 03/31/2004 02:45pm | ||||||
| ND cite: | 2004 ND 120 | ||||||
| NW cite: |
681 N.W.2d 444
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 abused its discretion in applying N.D. Admin. Code 75-02-04.1-07(9) in the determination of TJ's child support obligation for the last eight months of 2002 and for 2003 and thereafter? 2. Even if the trial court's application of N.D. Admin. Code 75-02-04.1-07(9) was not an abuse of discretion, whether the court still erred in its determination of TJ's child support obligation for the years 2002, 2003 and thereafter? 3. Whether the trial court erred in its determination of TJ's child support obligation for the years 1999, 2000 and 2001 and the first four months of 2002? 4. Whether the trial court erred by failing to either credit TJ's child support arrears for the value of property the child's mother accepted in lieu of support prior to commencement of the action or enter a money judgment against the mother for the value of the property? 5. Whether the trial court erred by failing to either credit TJ's child support arrears for the $2,500 the child's mother received from TJ to invest on TJ's behalf, which the mother converted to her and the child's benefit prior to the commencement of this action, or enter a money judgment against the mother for the $2,500? 6. Whether the trial court erred in requiring TJ exercise his one week visits in the fall and spring of each year at only the child's or TJ's city of residence? 7. Whether the trial court erred in limiting TJ's Christmas visit to only half of the child's Christmas break each year? Appellant's Statement of Issue after Remand Whether the trial court erred in requiring TJ exercise his one week visits in the fall and spring of each year at only the child's or TJ's city of residence? Appellee's Statement of the Issues: 1. Whether the trial court abused its discretion in applying N.D. Admin. Code 75-02-04.1-07(9) in the determination of Plaintiff TJ's child support obligation for the last eight months of 2002 and for 2003 and forward? 2. If the trial court did not abuse its discretion when applying N.D. Admin. Code 75-02-04.1-07(9), did it still err in its determination of Plaintiff TJ's child support obligation for the years 2002, 2003 and thereafter? 3. Whether the trial court erred in its determination of Plaintiff TJ's child support obligation for the years 1999, 2000 and 2001 and the first four months of 2002? 4. Whether the trial court erred by refusing to either credit Plaintiff TJ's child support arrears or to enter a money judgment against the mother, for the value of the property gifted by TJ to the child's mother? 5. Whether the trial court erred by refusing to either credit Plaintiff TJ's child support arrears or to enter a money judgment against the child's mother, for the sum of $2,500? 6. Whether the trial court erred in requiring Plaintiff TJ to exercise his one week visits in the fall and spring of each year at only the child's or TJ's city of residence? 7. Whether the trial court erred in limiting Plaintiff TJ's Christmas visit to only half of the child's Christmas break each year? | ||||||
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| 1 | 11/18/2003 | NOTICE OF APPEAL: 11/14/2003 | ||
| 2 | 11/18/2003 | ORDER FOR TRANSCRIPT: 11/14/2003 | ||
| 3 | 11/18/2003 | ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. | ||
| 4 | 11/24/2003 | TRANSCRIPT DATED April 30, 2003 | ||
| 5 | 11/24/2003 | DISK - TRA | ||
| 6 | 12/01/2003 | RECORD ON APPEAL (4 Vol.) exhibits and transcript dated June 27, 2002 | ||
| 7 | 12/23/2003 | Clerk's Supplemental Cert. of Record (entries 134-140) | ||
| 8 | 01/05/2004 | MOT. EXT/TIME APPELLANT BRIEF | ||
| 9 | 01/05/2004 | ACTION BY CLERK. Granted: 01/09/2004 | ||
| 10 | 01/12/2004 | MOT. EXT/TIME APPELLANT BRIEF | ||
| 11 | 01/12/2004 | ACTION BY CHIEF DEPUTY CLERK. Granted: 01/12/2004 | ||
| 12 | 01/12/2004 | APPELLANT BRIEF | ||
| 13 | 01/12/2004 | APPELLANT APPENDIX | ||
| 14 | 01/12/2004 | DISK - atb | ||
| 15 | 02/10/2004 | APPELLEE BRIEF | ||
| 16 | 02/10/2004 | DISK - aeb | ||
| 17 | 02/18/2004 | SITTING WITH THE COURT: Leclerc, Lawrence A. | ||
| 18 | 03/22/2004 | MOT. EXT/TIME REPLY BRIEF | ||
| 19 | 03/23/2004 | Appellees' Response to Appellant's Motion to Extend Time to File Appellant's Reply Brief | ||
| 20 | 03/23/2004 | Appellees' MOT. for award of attorney fees and costs (part of Response to Appellant's Mot/Ext/RYB) | ||
| 21 | 03/24/2004 | ACTION BY SUPREME COURT (mot/ext/time RYB). Denied | ||
| 22 | 03/24/2004 | ACTION BY SUPREME COURT (Appellees' Mot/Award of Attorney Fees & Costs). Denied | ||
| 23 | 03/31/2004 | APPEARANCES: Arnold V. Fleck; Cynthia Wagner Goulet and T.S. | ||
| 24 | 03/31/2004 | ARGUED: Fleck; Goulet (Vol. Y; Page 223) | ||
| 25 | 03/31/2004 | ORAL ARGUMENT WEBCAST | ||
| 26 | 05/05/2004 | ORDER OF TEMPORARY REMAND | ||
| 27 | 05/06/2004 | Order of Temporary Remand sent to parties | ||
| 28 | 05/17/2004 | Refiled RECORD ON APPEAL (4 vols.), Exhibits, and Transcript dated 6-27-02 | ||
| 29 | 05/28/2004 | APPELLANT'S BRIEF AFTER REMAND | ||
| 30 | 06/01/2004 | Faxed letter dated 6-01-04 from Cynthia Wagner Goulet (T.S. will not be submitting a formal brief) | ||
| 31 | 06/02/2004 | Letter dated 6-01-04 from Cynthia Wagner Goulet (original) | ||
| 32 | 06/01/2004 | DISK - e-mailed (ATB after Remand) | ||
| 33 | 06/16/2004 | DISPOSITION: AFFIRMED | ||
| 34 | 06/16/2004 | UNANIMOUS OPINION: Kapsner, Carol Ronning | ||
| 35 | 06/16/2004 | Costs on appeal taxed in favor of Appellees | ||
| 36 | 06/16/2004 | Order/Judgment Mailed to Parties | ||
| 37 | 06/30/2004 | PETITION FOR REHEARING | ||
| 38 | 06/30/2004 | DISK (e-mailed) - PER | ||
| 39 | 07/30/2004 | ACTION BY SUPREME COURT (PER). Denied | ||
| 40 | 08/09/2004 | MANDATE |