Peek v. Berning

20000056 Malcolm R. Peek, Plaintiff and Appellant
v.
Kimberly J. Berning, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Bruce B. Haskell
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Neubauer & Oster
Appellee: Thomas M. Tuntland
Term: 11/2000   Argument: 11/29/2000  1:30pm
ND cite: 2001 ND 34
NW cite: 622 N.W.2d 186


Issues: 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?

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Docket entries:
102/28/2000 NOTICE OF APPEAL: 02/23/2000
202/28/2000 ORDER FOR TRANSCRIPT (Lisa Schmidt): 02/23/2000
303/01/2000 RETENTION OF RECORD ON APPEAL (Lisa Schmidt): 05/23/2000
403/03/2000 "Petition for Order Remanding Action" with attachments
503/06/2000 ACTION BY CHIEF JUSTICE (Temporary Remand) (NOTE: briefing scheduled not stayed at this time. If. Granted
603/06/2000 necessary, this issue will be revisited upon the filing of the transcript)
703/06/2000 ORDER OF TEMPORARY LIMITED REMAND
803/06/2000 Order/Judgment Mailed to Parties
903/10/2000 Letter from Tom Tuntland w/ copy of Order signed by Judge Haskell on 3-7-00
1004/12/2000 RECORD ON APPEAL with separates 78 (exhibits) and 69A (transcript); not rec'd-court reporter notes
1104/14/2000 MOT. EXT/TIME TRANSCRIPT (Lisa Schmidt)
1204/14/2000 ACTION BY TRIAL COURT. Granted: 07/12/2000
1306/19/2000 TRANSCRIPT DATED OCTOBER 26 & OCTOBER 27, 1999
1406/19/2000 DISK - TRA
1507/17/2000 MOT. EXT/TIME APPELLANT BRIEF
1607/17/2000 ACTION BY CLERK (MAT). Granted: 08/28/2000
1708/28/2000 APPELLANT BRIEF
1808/28/2000 APPELLANT APPENDIX
1908/28/2000 DISK - ATB
2008/30/2000 Corrected TOA, and pages 8 & 10 for ATB
2108/30/2000 DISK - Corrected Disk
2209/28/2000 APPELLEE BRIEF
2309/28/2000 DISK - AEB
2410/10/2000 REPLY BRIEF OF APPELLANT
2510/10/2000 DISK - RYB
2611/29/2000 APPEARANCES: Brenda A. Neubauer; Thomas M. Tuntland
2711/20/2000 ARGUED: Neubauer; Tuntland (Vol. X; page 87)
2802/15/2001 DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT
2902/15/2001 UNANIMOUS OPINION: Kapsner, Carol Ronning
3002/15/2001 At the direction of the Court no costs will be taxed on this appeal.
3102/19/2001 Order/Judgment Mailed to Parties
3203/09/2001 MANDATE
3303/15/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3405/11/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014