Peek v. Berning
Malcolm R. Peek, Plaintiff and Appellant
Kimberly J. Berning, Defendant and Appellee
South Central Judicial District,
Judge Bruce B. Haskell
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||11/2000  Argument: 11/29/2000 1:30pm|
|ND cite:||2001 ND 34|
622 N.W.2d 186
Appellant's Statement of the Issues:|
A. Whether by awarding the parties joint physical and legal custody, the trial court failed to follow the law and evidence.
1. By awarding joint physical and legal custody, the trial court failed to act in the minor child's best interest.
2. The trial court's findings and conclusions of law do not support the award of joint physical and legal custody, and are contrary to the evidence.
B. Whether the trial court erred in excluding James Davis as an expert witness upon a finding that plaintiff's counsel failed to comply with discovery rules.
Appellee's Statement of the Issues:
A. Was the Trial Court's award of joint physical and legal custody as fully defined by the Trial Court clearly erroneous?
B. Did the Trial Court err in excluding the opinion of an expert called by the Plaintiff whose existence was disclosed to the Defendant three weeks prior to trial when the Defendant did not have adequate time to depose the expert prior to trial and the Plaintiff did not disclose the substance of the expert's opinion testimony before the trial commenced?
|Add Docket 20000056 RSS|
|1||02/28/2000||NOTICE OF APPEAL: 02/23/2000|
|2||02/28/2000||ORDER FOR TRANSCRIPT (Lisa Schmidt): 02/23/2000|
|3||03/01/2000||RETENTION OF RECORD ON APPEAL (Lisa Schmidt): 05/23/2000|
|4||03/03/2000||"Petition for Order Remanding Action" with attachments|
|5||03/06/2000||ACTION BY CHIEF JUSTICE (Temporary Remand) (NOTE: briefing scheduled not stayed at this time. If. Granted|
|6||03/06/2000||necessary, this issue will be revisited upon the filing of the transcript)|
|7||03/06/2000||ORDER OF TEMPORARY LIMITED REMAND|
|8||03/06/2000||Order/Judgment Mailed to Parties|
|9||03/10/2000||Letter from Tom Tuntland w/ copy of Order signed by Judge Haskell on 3-7-00|
|10||04/12/2000||RECORD ON APPEAL with separates 78 (exhibits) and 69A (transcript); not rec'd-court reporter notes|
|11||04/14/2000||MOT. EXT/TIME TRANSCRIPT (Lisa Schmidt)|
|12||04/14/2000||ACTION BY TRIAL COURT. Granted: 07/12/2000|
|13||06/19/2000||TRANSCRIPT DATED OCTOBER 26 & OCTOBER 27, 1999|
|14||06/19/2000||DISK - TRA|
|15||07/17/2000||MOT. EXT/TIME APPELLANT BRIEF|
|16||07/17/2000||ACTION BY CLERK (MAT). Granted: 08/28/2000|
|19||08/28/2000||DISK - ATB|
|20||08/30/2000||Corrected TOA, and pages 8 & 10 for ATB|
|21||08/30/2000||DISK - Corrected Disk|
|23||09/28/2000||DISK - AEB|
|24||10/10/2000||REPLY BRIEF OF APPELLANT|
|25||10/10/2000||DISK - RYB|
|26||11/29/2000||APPEARANCES: Brenda A. Neubauer; Thomas M. Tuntland|
|27||11/20/2000||ARGUED: Neubauer; Tuntland (Vol. X; page 87)|
|28||02/15/2001||DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT|
|29||02/15/2001||UNANIMOUS OPINION: Kapsner, Carol Ronning|
|30||02/15/2001||At the direction of the Court no costs will be taxed on this appeal.|
|31||02/19/2001||Order/Judgment Mailed to Parties|
|33||03/15/2001||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|34||05/11/2007||EXPUNGED - Nonpermanent record items destroyed|