Brandner v. Brandner

20040236 Cheryl Ann Brandner, Plaintiff and Appellee
v.
Allan Michael Brandner, Defendant and Appellant
Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Robert O. Wefald
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Severin, Ringsak & Morrow
Appellee: #Schmitz & Schmidt
Term: 03/2005   Argument: 03/03/2005  09:30am
ND cite: 2005 ND 111
NW cite: 698 N.W.2d 259
Issues: Appellant's Statement of the Issues:
1. The property and debt division between the parties was inequitable and erroneous and it was partially based upon inappropriate factors.
2. The calculation of Allan's child support obligation was erroneous based or imputed upon his employment with the railroad ten years prior to the trial.

Appellee's Statement of the Issues:
I. The property and debt division between the parties was inequitable and erroneous and it was partially based upon inappropriate factors.
II. The calculation of Allan's child support obligation was erroneous based on imputed upon his employment with the railroad ten years prior to the trial. One year.
Issue on Cross Appeal
I. The trial court erred in establishing Allan's support obligation effective with the month of June, 2004, rather than retroactive to the month of April, 2003, the month in which the divorce action was commenced.

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    Docket entries:
    108/23/2004 NOTICE OF APPEAL: 08/20/2004
    208/23/2004 ORDER FOR TRANSCRIPT: 08/20/2004
    308/31/2004 PETITION IN FORMA PAUPERIS TO WAIVE FILING FEE
    409/01/2004 ACTION BY CLERK (Pet. In Forma Pauperis). Granted
    509/07/2004 Court Reporter's estimate on cost of appeal transcript and demand for advance payment
    609/27/2004 RETENTION OF RECORD ON APPEAL (Lois Scharnhorst): 10/09/2004
    709/29/2004 MOTION TO REMAND w/attachments and Memorandum in Support. RspDue: 10/11/2004
    810/08/2004 Resistance to Motion to Remand, Affidavit of Allan Brandner, & copies of Motion to Remand,
    910/08/2004 Notice of 3.2 Motion, & letter from Attorney Kroontje to Allan Brandner dated 8-23-04
    1010/11/2004 MOT. EXT/TIME TRANSCRIPT
    1110/11/2004 ACTION BY TRIAL COURT. Granted: 11/18/2004
    1210/20/2004 ACTION BY SUPREME COURT (Mot. Remand). Granted
    1310/20/2004 ORDER OF REMAND
    1410/22/2004 TRANSCRIPT DATED 5-11-04
    1510/22/2004 DISK - TRA (5-11-04) (e-mailed)
    1610/28/2004 RECORD ON APPEAL (2 Vols.) & Exhibits (not rec'd: Clerk's Cert. No. 47 - Court Reporter notes)
    1710/29/2004 Reset due date of Appellant's Brief
    1810/29/2004 ACTION BY CLERK (MAT). Granted: 12/01/2004
    1911/19/2004 MOT. EXT/TIME APPELLANT BRIEF
    2011/19/2004 ACTION BY CLERK. Granted: 12/29/2004
    2112/28/2004 APPELLANT BRIEF
    2212/28/2004 APPELLANT APPENDIX
    2312/28/2004 DISK - ATB e-mailed
    2401/25/2005 MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support
    2501/25/2005 ACTION BY CLERK. Granted: 02/07/2005
    2602/07/2005 APPELLEE BRIEF
    2702/07/2005 DISK - AEB (e-mailed)
    2802/22/2005 Appellant's Reply Brief
    2902/24/2005 Corrected TOA for RYB
    3002/24/2005 DISK - RYB
    3103/03/2005 APPEARANCES: Kent M. Morrow, Allan Brandner; William D. Schmidt, Cheryl Brandner
    3203/03/2005 ARGUED: Morrow; Schmidt (Vol. Z; Page 94)
    3303/03/2005 ORAL ARGUMENT WEBCAST
    3406/22/2005 DISPOSITION (and remanded): AFFIRMED/PT, REVERSED/PT
    3506/22/2005 UNANIMOUS OPINION: VandeWalle, Gerald W.
    3606/22/2005 No costs taxed on this appeal
    3706/23/2005 Judgment Mailed to Parties
    3807/15/2005 MANDATE
    3907/21/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

    Generated from Supreme Court Docket on 08/28/2008