Gibb v. Sepe
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| 20040211 |
Elizabeth M. Gibb,
f/k/a Elizabeth M. Sepe Plaintiff and Appellee
v.
Francis J. Sepe, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Norman J. Backes |
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Nature of Action: |
Divorce/Property Div./Alimony
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| Counsel: |
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| Term: |
11/2004 Argument: 11/30/2004 01:30pm
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| ND cite: |
2004 ND 227
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| NW cite: |
690 N.W.2d 230
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
A.Should a spousal support payor be entitled to the termination of his obligation to pay spousal support, when his ex-wife remarries a person with vastly greater financial assets and income?
B.Did the referee err in awarding attorney's fees when there was no evidence regarding the need for the fees or the amount incurred?
Appellee's Statement of the Issues:
A. Does a Remarriage Which Improves a Party's Financial Condition Constitute a Material Change in Circumstances?
B. Did the Referee Err in Awarding Attorney's Fees?
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| 1 | | 07/29/2004 | |
NOTICE OF APPEAL: 07/28/2004 |
| 2 | | 07/29/2004 | |
ORDER FOR TRANSCRIPT: 07/28/2004 |
| 3 | | 07/29/2004 | |
RETENTION OF RECORD ON APPEAL: 11/24/2004 |
| 4 | | 08/10/2004 | |
TRANSCRIPT DATED February 11, 2004 |
| 5 | | 08/10/2004 | |
DISK - tra (2-11-04) (e-mailed) |
| 6 | | 09/16/2004 | |
APPELLANT BRIEF |
| 7 | | 09/16/2004 | |
APPELLANT APPENDIX |
| 8 | | 09/17/2004 | |
DISK of atb |
| 9 | | 10/14/2004 | |
APPELLEE BRIEF |
| 10 | | 10/15/2004 | |
DISK - AEB |
| 11 | | 10/19/2004 | |
RECORD ON APPEAL with separate 49 (transcript dated 2/11/04)(not rec'd - 8(tape) & 39(steno notes)) |
| 12 | | 10/27/2004 | |
REPLY BRIEF of Appellant |
| 13 | | 10/28/2004 | |
DISK - ryb |
| 14 | | 11/29/2004 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 15 | | 11/30/2004 | |
SITTING WITH THE COURT: Romanick, Bruce A. |
| 16 | | 11/30/2004 | |
APPEARANCES: Maureen Holman; Wayne T. Anderson, Elizabeth Gibb |
| 17 | | 11/30/2004 | |
ARGUED: Holman; Anderson (Vol. Z; Page 61) |
| 18 | | 11/30/2004 | |
ORAL ARGUMENT WEBCAST |
| 19 | | 12/17/2004 | |
DISPOSITION: AFFIRMED/PT, REVERSED/PT |
| 20 | | 12/17/2004 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 21 | | 12/17/2004 | |
At the direction of the Court no costs will be taxed on this appeal.
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| 22 | | 12/17/2004 | |
Judgment Mailed to Parties |
| 23 | | 01/11/2005 | |
MANDATE |
| 24 | | 01/14/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |