Hitz v. Hitz - Calendar

2:45pm Monday, January 14, 2008
20070211 Lois Konzak Hitz, n/k/a
Lois Ann Marie Konzak, Plaintiff and Appellant
v.
John William Hitz, Defendant and Appellee
Appeal from: Southeast Judicial District, Wells County, Judge James M. Bekken
Nature of Action: Divorce/Property Div./Alimony
Counsel:

Appellant: Stefanson, Plambeck & Foss
Appellee: Sherry Mills Moore

Issues: Appellant's Statement of the Issues:
Whether the District Court's division of property is clearly erroneous.
Appellee's Statement of the Issues:
1. If the court explains a disparate distribution in part on the basis of the parties' premarital property but not property received by gift or inheritance after the marriage, is it error as a matter of law?
2. Is there a point at which the length of the marriage supersedes all other Ruff-Fischer factors, as a matter of law?
3. Must the court as a matter of law ignore the diminishment of the marital estate by nearly $350,000 unless it was purposefully done to thwart the other spouse?
4. If the value placed on the parties' home is within the range proffered by the experts and that posited in Lois' Proposed Findings, did the court err by not deducting the cost needed to move the house?
Briefs:
Case Summary
Appellant Brief
Appellee Brief
Reply Brief
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