State ex rel. D.D. v. G.K.
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| 990352 |
State of North Dakota, County of
Cass, ex rel. D.D., and A.K.-D., a
minor child, by and through his
guardian ad litem
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D.D., Plaintiff and Appellant
v.
G.K., Defendant and Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Lawrence A. Leclerc |
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Nature of Action: |
Paternity
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| Counsel: |
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| Term: |
04/2000 Argument: 04/03/2000 02:45pm
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| ND cite: |
2000 ND 101
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| NW cite: |
611 N.W.2d 179
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| Issues: |
Appellant's Statement of the Issues:
1. The District Court erred in concluding there was no significant change of circumstances warranting a change in the custody of the minor child.
2. The District Court determination there was no significant change of circumstances was clearly erroneous and/or deficient.
3. The District Court erred in its interpretation of the applicable law.
4. The District Court's consideration of the mother's Motion for New Trial amounted to a clear abuse of discretion.
5. The District Court's decision to exclude evidence was clearly erroneous.
Appellee's Statement of the Issues:
1.Whether the Appellant was entitled to a hearing and a determination on her Motion for Change of Custody
2. Whether the District Court's decision not to change custody was clearly erroneous?
3. Whether the District Court abused it's discretion in denying the Appellant's motion for a New Trial?
4. Whether the District Court's decision to strike certain evidence was an abuse of discretion?
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 Add Docket 990352 RSS
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| 1 | | 11/26/1999 | |
- C O N F I D E N T I A L - |
| 2 | | 11/26/1999 | |
NOTICE OF APPEAL: 11/23/1999 |
| 3 | | 11/26/1999 | |
ORDER FOR TRANSCRIPT: 11/23/1999 |
| 4 | | 12/27/1999 | |
RECORD ON APPEAL (3 Vols.); Depositions (3); original transcripts dated 8-14-96; 6-30-99 (marked |
| 5 | | 12/27/1999 | |
Vol. I); 7-06-99 (marked Vol. II); and 8-25-99. (NOT REC'D: Clerk's Cert. Nos. 87 & 179 (Steno |
| 6 | | 12/27/1999 | |
Notes) and Nos. 63, 89, 108, 127, 272, 277, and 289 (Tapes) which were retained in Dist. Ct.) |
| 7 | | 12/28/1999 | |
TRANSCRIPTS DATED 6-30-99 (marked Vol. I); 7-06-99 (marked Vol. II); and 8-25-99 (NOTE: originals |
| 8 | | 12/28/1999 | |
were filed w/ROA - see Clerk's Cert. No. 298) |
| 9 | | 12/29/1999 | |
DISK NONCOMPLIANCE (TRA dated 6-30-99; 7-06-99; and 8-25-99) |
| 10 | | 02/07/2000 | |
MOT. EXT/TIME APPELLANT BRIEF; AFF. IN SUPPORT |
| 11 | | 02/07/2000 | |
ACTION BY CLERK (MAT). Granted: 02/14/2000 |
| 12 | | 02/14/2000 | |
SUPPLEMENTAL CLERK'S CERTIFICATE DATED FEBRUARY 11, 2000 (Entries No. 309 - 312) |
| 13 | | 02/14/2000 | |
APPELLANT BRIEF |
| 14 | | 02/14/2000 | |
APPELLANT APPENDIX |
| 15 | | 02/22/2000 | |
Corrected Table of Authorities and pages 5 and 9 for ATB |
| 16 | | 02/22/2000 | |
DISK - atb |
| 17 | | 03/15/2000 | |
APPELLEE BRIEF |
| 18 | | 03/17/2000 | |
DISK - AEB |
| 19 | | 03/22/2000 | |
REPLY BRIEF OF APPELLANT |
| 20 | | 03/23/2000 | |
Clerk's Supp. Cert. of ROA dated 3/22/2000 with entries 312 through 320 attached |
| 21 | | 03/24/2000 | |
DISK - AT's RYB |
| 22 | | 04/03/2000 | |
APPEARANCES: C. Charles Chinquist; William Kirschner |
| 23 | | 04/03/2000 | |
ARGUED: Chinquist; Kirschner (Vol. X; page 14) |
| 24 | | 05/25/2000 | |
DISPOSITION: AFFIRMED |
| 25 | | 05/25/2000 | |
UNANIMOUS OPINION: Neumann, William A. |
| 26 | | 05/25/2000 | |
Costs on appeal taxed in favor of appellee |
| 27 | | 05/26/2000 | |
Order/Judgment Mailed to Parties |
| 28 | | 06/16/2000 | |
MANDATE |
| 29 | | 06/23/2000 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 30 | | 03/09/2007 | |
EXPUNGED - Nonpermanent record items destroyed |