Interest of R.H.
|
| 20040053 |
In the Interest of R.H.
Keith Berger, Director of Grand
Forks County Social Service
Board, Assignee for R.H., and
the North Dakota Department of
Human Services, Plaintiffs and Appellees
v.
Mario Hernandez, Defendant and Appellant
|
| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd |
|
Nature of Action: |
Child Support
|
| Counsel: |
|
| Term: |
05/2004 Argument: 05/18/2004 01:30pm
|
| ND cite: |
2004 ND 170
|
| NW cite: |
686 N.W.2d 107
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellee's Statement of the Issues:
I. Plaintiff lacks standing or capacity to sue.
II. No contract exists.
III. Hernandez made no application for foster care.
IV. A child is incompetent to make an assignment.
V. No detriment or loss exists in this suit and thus compensation, interest, cannot be awarded; and adding interest is oppressive.
VI. Plaintiff fails to state that Hernandez has an income.
VII. An imputed income is not a fact.
VIII. The statues do not authorize an imputed income.
IX. A nonrebuttable mandatory minimum order is void.
X. There is no authority to sue for arrearages.
XI. A child support suit is a private suit.
XII. The assignment of support rights is champertous.
XIII. There is no authority to represent the State Department of Human Services.
XIV. The discount for the termination of parental rights was not given.
XV. Plaintiff made no attempt to place Rico with relatives.
XVI. Hernandez is entitled to the benefit of the trial court's opinion on his defenses.
|
|
 Add Docket 20040053 RSS
|
| 1 | | 02/23/2004 | |
NOTICE OF APPEAL: 02/20/2004 |
| 2 | | 03/03/2004 | |
APPELLANT BRIEF |
| 3 | | 03/03/2004 | |
APPELLANT APPENDIX |
| 4 | | 03/10/2004 | |
Corrected cover pages for ATB & ATA, corrected TOA & page 4 for ATB |
| 5 | | 03/10/2004 | |
DISK NONCOMPLIANCE (ATB) (scanned) |
| 6 | | 03/12/2004 | |
Ltr dated 3-10-04 fm AT Mario Hernandez |
| 7 | | 03/17/2004 | |
RECORD ON APPEAL |
| 8 | | 03/30/2004 | |
APPELLEE BRIEF |
| 9 | | 03/30/2004 | |
APPELLEE APPENDIX |
| 10 | | 03/31/2004 | |
Request to waive oral argument on behalf of AE (letter dated 3-30-04 from Tricia Steffan) |
| 11 | | 04/07/2004 | |
Corrected covers for AEB & AEA |
| 12 | | 04/07/2004 | |
Additional Appellee's Appendix |
| 13 | | 04/07/2004 | |
DISK - aeb (e-mailed) |
| 14 | | 04/19/2004 | |
ACTION BY SUPREME COURT (request by AE to waive AE's argument). Denied |
| 15 | | 04/26/2004 | |
MOTION and Affidavit to Appear for Oral Argument or Petition for Writ of Habeas Corpus to Appear |
| 16 | | 04/26/2004 | |
for Oral Argument |
| 17 | | 04/29/2004 | |
ACTION BY SUPREME COURT (Motion to Appear for Oral Argument). Denied |
| 18 | | 05/18/2004 | |
APPEARANCES: submitted on brief for Appellant; Tricia J. Steffan, Assistant State's Attorney |
| 19 | | 05/18/2004 | |
ARGUED: Steffan (Vol. Y; Page 244) |
| 20 | | 05/18/2004 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 08/31/2004 | |
DISPOSITION: AFFIRMED |
| 22 | | 08/31/2004 | |
UNANIMOUS OPINION: Neumann, William A. |
| 23 | | 08/31/2004 | |
Concur in result: Sandstrom, Dale V.: CON/RES |
| 24 | | 08/31/2004 | |
Concur in result: Kapsner, Carol Ronning: CON/RES |
| 25 | | 09/01/2004 | |
Order/Judgment Mailed to Parties |
| 26 | | 09/23/2004 | |
MANDATE |
| 27 | | 12/29/2004 | |
Notice that Petition for Writ of Certiorari has been placed on the US Supreme Court docket |
| 28 | | 03/01/2005 | |
Letter from U.S. Supreme Court dated 2-22-05 RE: Petition for Writ of Certiorari is denied |