Ingebretson v. Ingebretson

20040156

Marlin W. Ingebretson, Plaintiff and Appellant
v.
Marla K. Ingebretson, Defendant and Appellee

Appeal from:

District Court, East Central Judicial District, Traill County
Judge Cynthia Rothe-Seeger

Nature of Action:

Counsel:

Appellant:		Pearson Christensen & Clapp, PLLP
Appellee:		Wayne T. Anderson

Term:

01/2005 Argument: 01/13/2005 10:45am

ND cite:

2005 ND 41

NW cite:

693 N.W.2d 1

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Issues:

Appellant's Statement of the Issues:
1. Whether the District Court's award of permanent spousal support is clearly erroneous where the party benefiting from the award testified that her need for support was limited to ten years
2. Whether the District Court's award of permanent spousal support is clearly erroneous where the party benefiting from the award offered evidence that she had monthly expenses of approximately $3,000 but the District Court determined she had monthly living expenses of $4,851.
3. Whether the District Court's award of permanent spousal support is clearly erroneous where the party benefiting from the award was not disadvantaged by the marriage.

Appellee's Statement of the Issues:
A.Did the District Court Err by Awarding Permanent Spousal Support When the Recipient Testified to a Ten Year Need?br> B.Is the Trial Court Obligated to Accept the Evidence of a Party as to Estimated Living Expenses?
C.Is the Trial Court Obligated to Set the Term of Spousal Support as Testified by a Party?

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Docket entries:

1	06/11/2004	NOTICE OF APPEAL: 06/09/2004
2	06/11/2004	ORDER FOR TRANSCRIPT: 06/09/2004
3	06/15/2004	RETENTION OF RECORD ON APPEAL (by Appellee): 11/26/2004
4	07/12/2004	Letter from Catherine Jorgensen re: suspension of transcript due to nonpayment
5	07/19/2004	MOT. EXT/TIME TRANSCRIPT
6	07/19/2004	ACTION BY TRIAL COURT. Granted: 09/07/2004
7	08/31/2004	MOT. EXT/TIME TRANSCRIPT (Fax)
8	08/31/2004	ACTION BY CLERK. Granted: 09/17/2004
9	09/01/2004	Original of MTR
10	09/16/2004	TRANSCRIPT DATED 11-12-03, 11-13-03, & 4-7-04 (3 vols.)
11	09/17/2004	DISK (3 disks) (TRA) (11-12-03, 11-13-03, & 4-7-04)
12	09/23/2004	RECORD ON APPEAL (2 Vols.) and Exhibits
13	09/23/2004	ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
14	10/05/2004	Request for Return of ROA (letter from Mr. Anderson dated 10-4-04)
15	10/05/2004	RETURN OF ROA TO DIST. CT.
16	10/05/2004	ACTION BY CLERK. Granted
17	10/25/2004	MOT. EXT/TIME APPELLANT BRIEF (letter form w/attachment - no objection from AE)
18	10/25/2004	ACTION BY CLERK. Granted: 10/29/2004
19	10/25/2004	E-FILED MOTION (MAT/via fax)
20	10/27/2004	Letter dated 10-25-04 from Wayne T. Anderson stating his client does not object to MAT
21	10/27/2004	APPELLANT APPENDIX
22	10/27/2004	APPELLANT BRIEF
23	10/27/2004	E-FILED BRIEF (ATB)
24	10/28/2004	Payment of $25 fee for filing electronic ATB (Receipt #15832)
25	11/02/2004	Seven copies of ATB from Central Duplicating
26	11/02/2004	Pages 71 through 74 for ATA
27	11/23/2004	APPELLEE BRIEF
28	11/24/2004	DISK of AEB
29	12/01/2004	Refiled RECORD ON APPEAL (2 vols.) and Exhibits
30	12/07/2004	REPLY BRIEF
31	12/07/2004	E-FILED BRIEF (RYB)
32	12/07/2004	Copies of electronic RYB
33	01/12/2005	SITTING WITH THE COURT: Hodny, William F.
34	01/13/2005	APPEARANCES: Douglas A. Christensen; Wayne T. Anderson
35	01/13/2005	ARGUED: Christensen; Anderson (Vol. Z; Page 76)
36	01/13/2005	ORAL ARGUMENT WEBCAST
37	02/22/2005	DISPOSITION: REVERSED AND REMANDED
38	02/22/2005	SPLIT OPINION: Kapsner, Carol Ronning
39	02/22/2005	(CONCURRING AND DISSENTING): Sandstrom, Dale V.: CON/DIS
40	02/22/2005	Costs on appeal are taxed in favor of Appellant
41	02/23/2005	Judgment Mailed to Parties
42	03/17/2005	MANDATE
43	03/21/2005	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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