Mayo v. Mayo

20000032 Pamela Mayo, now known
as Pamela Banjac, Plaintiff and Appellant
v.
William M. Mayo, Defendant and Appellee

Appeal from: District Court, Southeast Judicial District, Richland County
Judge Richard W. Grosz
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Meyer Law Firm
Appellee: Conmy Feste, Ltd.
Term: 10/2000   Argument: 10/05/2000  10:15am
ND cite: 2000 ND 204
NW cite: 619 N.W.2d 631


Issues: Appellant's Statement of the Issues:
1. Whether the trial court's decision to modify custody is clearly erroneous where the decision is based on the opinion of a psychologist who testifies that who should get custody was initially a close call, but based on the additional evidence presented by two lay witnesses, then testifies that it is no longer a close call and custody should be modified, where the Court determines that the evidence presented by the two additional lay witnesses is of no consequence in his decision? (Page 26).
2. Whether the trial court's decision to modify custody is clearly erroneous where the decision is based on the opinion of a psychologist who testifies that the oldest of the three children is in the process of being destructively "parentified," and the only options are to change custody or have the mother hire a live-in nanny, even though (1) the child is happy, doing well in school, and is thriving socially; (2) that opinion is based on essentially ten minutes of interviewing the child; (3) two other qualified psychologists give an opinion that the parentification could be resolved by a good therapist, without the need to change custody; and (4) other factors make the psychologist's opinions non- credible? (Page 27).
3. Whether the trial court's decision to modify custody is clearly erroneous where the motion to change custody is in reality a motion to prevent the mother from moving the residence of the children to Minnesota? (Page 33).
4. Whether the trial court interfered in the trial process to such an excessive degree that it interfered with Pam's ability to present her case and he appears to have lost his impartiality? (Page 35).

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Docket entries:
102/07/2000 NOTICE OF APPEAL: 02/03/2000
202/07/2000 ORDER FOR TRANSCRIPT: 02/03/2000
303/07/2000 RECORD ON APPEAL w/separates (exhibits)(returned Dr. Timm Custody Evaluation dated 11/23/99;
403/07/2000 12/7/99 letter from Dr. Ascano to Judge Grosz; 5/4/99 Letter from Dr. Ascano to Judge Grosz;
503/07/2000 6/10/99 Custody Evaluation from Dr. Ascano; 6/29/99 letter from Dr. Ascano to Judge Grosz
603/07/2000 for appropriate filing by the clerk)
703/10/2000 Supp. Cert. of ROA dated March 9, 2000, with entries 66071 attached
804/06/2000 S.Ct. Not. of Dismissal/Failure to Proceed. Denied
904/14/2000 NO ACTION TAKEN (MSN)
1004/14/2000 MOT. EXT/TIME TRANSCRIPT (Tami Beckley)
1104/14/2000 ACTION BY TRIAL COURT. Granted: 05/10/2000
1205/10/2000 MOT. EXT/TIME TRANSCRIPT (Tami Beckley)fax cy
1305/10/2000 ACTION BY CLERK. Granted: 05/17/2000
1405/16/2000 TRANSCRIPT DATED June 28, 1999 and December 16, 1999 (3 volumes) and Partial Transcript of Dr.
1505/16/2000 R.P.Ascano
1606/20/2000 MOT. EXT/TIME APPELLANT BRIEF
1706/20/2000 ACTION BY CLERK (MAT). Granted: 07/14/2000
1807/17/2000 MOT. EXT/TIME APPELLANT BRIEF (letter dated 7-17-00)
1907/17/2000 ACTION BY CLERK (MAT). Granted: 07/17/2000
2007/17/2000 APPELLANT BRIEF
2107/17/2000 Addendum to Appellant's Brief
2207/17/2000 APPELLANT APPENDIX
2307/18/2000 DISK - ATB
2408/15/2000 APPELLEE BRIEF
2508/16/2000 DISK - AEB
2608/29/2000 REPLY BRIEF of Appellant
2708/30/2000 DISK - RYB
2809/19/2000 DISK (TRA -- 6-28-99 & 12-16-99)(2 disks were incorporated into one in J Drive as 20000032.tr1)
2909/22/2000 DISK - tra (Testimony of Dr. R.P. Ascano - 6/28-99 --identified as 20000032.tra in Briefs00)
3010/05/2000 APPEARANCES: Mark A. Meyer, Pamela Banjac; Robert J. Schultz, 3d year law student Scott M. Knudsvig
3110/05/2000 William Mayo
3210/05/2000 ARGUED: Meyer; Schultz (Vol. X; page 63)
3312/07/2000 DISPOSITION: AFFIRMED
3412/07/2000 SPLIT OPINION: Neumann, William A.
3512/07/2000 (DISSENT): Maring, Mary Muehlen: DISSENT
3612/07/2000 Costs on appeal taxed in favor of appellee
3712/08/2000 Order/Judgment Mailed to Parties
3812/26/2000 Mot. Ext/Time Petition for Rehearing
3912/26/2000 ACTION BY CLERK (MPR). Granted: 01/05/2001
4001/02/2001 PETITION FOR REHEARING
4101/04/2001 DISK - PER
4201/30/2001 ACTION BY SUPREME COURT (PER). Denied
4302/09/2001 MANDATE
4402/13/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4505/07/2007 EXPUNGED - Nonpermanent record items destroyed

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