Dvorak v. Dvorak
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| 20040222 |
Bob L. Dvorak, Plaintiff and Appellee
v.
Kathleen A. Dvorak, Defendant and Appellant
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| Appeal from: |
District Court,
Southwest Judicial District,
Dunn County
Judge Allan L. Schmalenberger |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
02/2005 Argument: 02/07/2005 10:45am
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| ND cite: |
2005 ND 66
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| NW cite: |
693 N.W.2d 646
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| Issues: |
Appellant's Statement of the Issues:
I.Whether the Trial Court erred in ordering Kathleen Dvorak to move back to North Dakota with the children?
II.Whether the Trial Court erred in the division of the marital property?
III. Whether the Trial Court erred in calculating the child support obligation?
IV.Whether the Trial Court erred in awarding Bob Dvorak the income tax dependency exemptions for the parties' five children?
V.Whether Kathleen Dvorak is entitled to her attorney fees on appeal?
Appellee's Statement of the Issues:
I. The Trial Judge's decision to deny Kathleen's request to change the children's residence to New Mexico was not clearly erroneous.
II. The Trial Judge's decision regarding the division of the marital property was not clearly erroneous.
III. The Trial Judge's calculation of the child support obligation was not clearly erroneous.
IV. The income tax dependency exemption decision by the Trial Judge was not clearly erroneous.
V. Kathleen is not entitled to an award of attorney fees in this appeal.
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| 1 | | 08/06/2004 | |
NOTICE OF APPEAL: 08/02/2004 |
| 2 | | 08/06/2004 | |
ORDER FOR TRANSCRIPT: 08/02/2004 |
| 3 | | 08/13/2004 | |
REQUEST FOR TEMPORARY REMAND |
| 4 | | 08/13/2004 | |
ACTION BY CHIEF JUSTICE. Granted |
| 5 | | 08/13/2004 | |
ORDER of Temporary REMAND |
| 6 | | 08/13/2004 | |
Order of Temporary Remand Mailed to Parties |
| 7 | | 08/31/2004 | |
RECORD ON APPEAL (4 Volumes) including deposition (1) and Transcript dated July 1, 2003 |
| 8 | | 09/07/2004 | |
Supplemental ROA - Entry Nos. 158-159 |
| 9 | | 09/20/2004 | |
TRANSCRIPT DATED March 16, 2004 |
| 10 | | 09/20/2004 | |
DISK - TRA of March 16, 2004 |
| 11 | | 09/23/2004 | |
Supplemental Clerk's Certificate dated 9-23-04 - Entry Nos. 160-165 |
| 12 | | 09/28/2004 | |
Supplemental Clerk's Certificate dated 9-27-04 (Entry #166) |
| 13 | | 10/07/2004 | |
MOT. EXT/TIME APPELLANT BRIEF (letter dated 10-05-04 from Suzanne M. Schweigert) |
| 14 | | 10/07/2004 | |
ACTION BY CLERK (MAT). Granted: 11/29/2004 |
| 15 | | 10/13/2004 | |
Supplemental Clerk's Certificate dated 10-12-04 (Entry Nos. 167-168) |
| 16 | | 11/05/2004 | |
Supplemental Clerk's Certificate dated 11-4-04 (Entry Nos. 169 & 170) |
| 17 | | 11/09/2004 | |
Supplemental Clerk's Certificate dated 11-8-04 (Entry Nos. 171-173) |
| 18 | | 11/26/2004 | |
Supplemental Clerk's Certificate dated 11-24-04 (Entries 174-178) |
| 19 | | 11/30/2004 | |
APPELLANT BRIEF |
| 20 | | 11/30/2004 | |
APPELLANT APPENDIX |
| 21 | | 11/30/2004 | |
DISK of ATB |
| 22 | | 12/16/2004 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 23 | | 12/16/2004 | |
ACTION BY CLERK (MAE). Granted: 01/15/2005 |
| 24 | | 01/18/2005 | |
APPELLEE BRIEF |
| 25 | | 01/19/2005 | |
DISK - AEB |
| 26 | | 02/01/2005 | |
REPLY BRIEF |
| 27 | | 02/01/2005 | |
E-FILED BRIEF (RYB) |
| 28 | | 02/02/2005 | |
Motion for extension of word count limit for Reply Brief (letter dated 2-02-05 from Ms. Schweigert) |
| 29 | | 02/03/2005 | |
NO ACTION TAKEN (re word count limit for RYB) |
| 30 | | 02/07/2005 | |
APPEARANCES: Suzanne M. Schweigert; Ronald A. Reichert |
| 31 | | 02/07/2005 | |
ARGUED: Schweigert; Reichert (Vol. Z; Page 79) |
| 32 | | 02/07/2005 | |
ORAL ARGUMENT WEBCAST |
| 33 | | 03/23/2005 | |
DISPOSITION (and remanded): AFFIRMED/PT, REVERSED/PT |
| 34 | | 03/23/2005 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 35 | | 03/23/2005 | |
Costs on appeal taxed in favor of Appellant |
| 36 | | 03/24/2005 | |
Judgment Mailed to Parties |
| 37 | | 04/25/2005 | |
MANDATE |
| 38 | | 04/27/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |