Horner v. Horner
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| 20030367 |
Gilbert S. Horner, Plaintiff and Appellant
v.
Edwina M. Horner, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Emmons County
Judge Robert O. Wefald |
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Nature of Action: |
Divorce/Property Div./Alimony
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| Counsel: |
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| Term: |
05/2004 Argument: 05/10/2004 02:45pm
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| ND cite: |
2004 ND 165
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| NW cite: |
686 N.W.2d 131
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
A. Did the trial court err as a matter of law by inequitably dividing the marital estate under the applicable guidelines?
B. Did the trial court err by using the property division to sanction the appellate with an inequitable portion?
C. Did the trial court incorrectly divide the marital estate creating a financial hardship on the appellant?
Appellee's Statement of the Issues:
1. Did the trial court err as a matter of law by inequitably dividing the marital estate under the applicable guidelines?
2. Did the trial court err by using property division to sanction the appellant with an inequitable portion?
3. Did the trial court incorrectly divide the marital estate creating a financial hardship on the appellant?
4. Did the trial court err by failing to grant rehabilitative spousal support to the appellee?
5. Did the trial court err by failing to award to appellee her reasonable attorney fees and expenses?
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| 1 | | 12/18/2003 | |
NOTICE OF APPEAL: 12/17/2003 |
| 2 | | 12/18/2003 | |
ORDER FOR TRANSCRIPT: 12/17/2003 |
| 3 | | 12/19/2003 | |
RETENTION OF RECORD ON APPEAL (Cynthia Kurtz): 02/05/2004 |
| 4 | | 01/23/2004 | |
TRANSCRIPT DATED 8-12-03 |
| 5 | | 01/23/2004 | |
DISK - tra (8-12-03) |
| 6 | | 01/29/2004 | |
RECORD ON APPEAL (w/exception of Clerk's Cert. Nos. 10 (steno notes); 33 & 36 (shorthand notes) |
| 7 | | 03/02/2004 | |
APPELLANT BRIEF |
| 8 | | 03/02/2004 | |
APPELLANT APPENDIX |
| 9 | | 03/02/2004 | |
DISK - ATB |
| 10 | | 03/30/2004 | |
REQ. EXT/TIME APPELLEE BRIEF (faxed) |
| 11 | | 03/30/2004 | |
E-FILED MOTION (Req.Ext.of AEB) |
| 12 | | 03/30/2004 | |
ACTION BY CLERK, w/understanding case will be on May Term. Granted: 04/13/2004 |
| 13 | | 04/13/2004 | |
APPELLEE BRIEF |
| 14 | | 04/13/2004 | |
DISK - AEB |
| 15 | | 05/10/2004 | |
APPEARANCES: Richard B. Baer, Gilbert Horner; Donavin L. Grenz |
| 16 | | 05/10/2004 | |
ARGUED: Baer; Grenz (Vol. Y; Page 237) |
| 17 | | 05/10/2004 | |
ORAL ARGUMENT WEBCAST |
| 18 | | 08/31/2004 | |
DISPOSITION: AFFIRMED |
| 19 | | 08/31/2004 | |
SPLIT OPINION: Neumann, William A. |
| 20 | | 08/31/2004 | |
Dissent: Sandstrom, Dale V.: DISSENT |
| 21 | | 08/31/2004 | |
Costs on appeal awarded in favor of Appellee |
| 22 | | 09/01/2004 | |
Order/Judgment Mailed to Parties |
| 23 | | 09/22/2004 | |
MANDATE |
| 24 | | 10/11/2004 | |
Corrected Opinion Page nine |