Lawrence v. Delkamp

20000061 John Daniel Lawrence
a/k/a Dan Lawrence, Plaintiff, Appellant
and Cross-Appellee
v.
Tina Lucille Delkamp, Defendant, Appellee
and Cross-Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge James M. Vukelic
Nature of Action: Child Support
Counsel:
Appellant: Kelsch, Kelsch, Ruff & Kranda
Appellee: Fleck Law Office
Term: 10/2000   Argument: 10/17/2000  9:30am
ND cite: 2000 ND 214
NW cite: 620 N.W.2d 151


Issues: Appellant's Statement of the Issues:
I.Did the Court err in determining that Dan perpetrated domestic violence under Section 14-07.2-01(2) N.D.C.C. based on the alleged incidents and conduct referenced by the Court?
II.Did the Court err in awarding attorney fees and costs under Section 14-05- 22(5) N.D.C.C.?
A.Upon appeal, jurisdiction transferred to the Supreme Court and the trial Court should not have subsequently entered any further order in this action.
B.There was no domestic violence conduct by Dan which involved serious bodily injury, the use of a dangerous weapon, or a pattern within a reasonable time proximate to require the payment of attorney fees and costs.

Appellee's Statement of the Issues:
1. Whether the trial court's finding appellant engaged in a pattern of domestic violence within a reasonable time proximate to the proceedings is clearly erroneous?
2. Whether the filing of the appellant's notice of an appeal deprived the trial court of jurisdiction to rule on appellee's motion for reconsideration of an award of attorney fees and costs filed and served prior to the filing of the notice of appeal?
3. Whether the trial court abused its discretion in awarding appellee attorney fees and costs under N.D.C.C.  14-05-22(5)?
4. Whether the trial court abused its discretion in awarding appellee only one-half of her attorney fees under N.D.C.C.  14-05-22(5)?

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Docket entries:
103/03/2000 NOTICE OF APPEAL: 03/01/2000
203/03/2000 ORDER FOR TRANSCRIPT (Soma): 03/01/2000
303/07/2000 RETENTION OF RECORD ON APPEAL (Lisa E. Soma): 04/20/2000
403/31/2000 TRANSCRIPT DATED September 21, 1999 & January 3, 2000 (2 vols)
503/31/2000 DISK - TRA (9-21-99 & 1-3-00)
603/31/2000 RECORD ON APPEAL ( 6 vols.), Exhibits, Depositions (3) & Transcripts dated 8-14-95, 5-18-98,
703/31/2000 9-21-99, 8-23-99, 1-3-00, & 9-8-97 (6 vols) (Not rec'd: #338 - Order Allowing an Evidentiary
803/31/2000 Hearing on the Motion for Modification of Judgment, which the clerk indicates was missing from ROA)
904/04/2000 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
1004/04/2000 Copy of letter from Todd Kranda to Judge Vukelic dated 4-3-00 RE: Jurisdiction matters
1104/10/2000 Copy of letter from Arnold Fleck to Judge Vukelic regarding the Record on Appeal
1204/11/2000 NOTICE OF CROSS APPEAL
1304/11/2000 Supplemental Clerk's Certificate (Entries 411 - 417)
1404/17/2000 Cy of ltr from Todd Kranda to Judge Vukelic dated 4-14-00 re: Arnold Fleck ltr of 4-7-00
1504/18/2000 TRANSCRIPT DATED August 30, 1999
1604/18/2000 DISK - TRA of 8-30-00
1705/17/2000 Second Supplemental Clerk's Certificate of Record dated 5-16-00 (Entry Nos. 418-443, which includes
1805/17/2000 an original Transcript dated 5-19-98 & 5-22-98)
1905/19/2000 THIS CASE IS CONSOLIDATED W/20000151; MAKE ALL ENTRIES EXCEPT DIS IN THIS CASE
2005/19/2000 Third Supplemental Clerk's Cert. of Record (entries 444-448)
2105/23/2000 MOT. EXT/TIME APPELLANT BRIEF & Brief in Support
2205/23/2000 ACTION BY CLERK. Granted: 06/14/2000
2306/14/2000 Copy of letter from Todd Kranda to Burleigh Co. Clerk's Office dated 6-13-00 w/attached copy of
2406/14/2000 unsigned Order Allowing An Evidentiary Hearing on Motion for Modification of Judgment.
2506/14/2000 APPELLANT BRIEF
2606/14/2000 APPELLANT APPENDIX
2706/14/2000 DISK of ATB
2807/14/2000 MOT. EXT/TIME APPELLEE BRIEF
2907/14/2000 ACTION BY CLERK (MAE). Granted: 08/14/2000
3008/14/2000 MOT. EXT/TIME APPELLEE BRIEF
3108/14/2000 ACTION BY CHIEF JUSTICE (w/understanding O.A. will be scheduled for October). Granted: 08/21/2000
3208/21/2000 APPELLEE BRIEF
3308/21/2000 Addendum to AEB
3408/22/2000 DISK - AEB
3509/01/2000 SITTING WITH THE COURT: Leclerc, Lawrence A.
3609/05/2000 REPLY BRIEF
3709/05/2000 DISK - RYB
3810/04/2000 MOTION FOR ATTORNEYS FEES ON APPEAL AND REMAND. RspDue: 10/11/2000
3910/04/2000 Affidavit of Arnold V. Fleck in support of Motion
4010/11/2000 Response Filed to Motion for Attorney Fees on Appeal and Remand
4110/17/2000 APPEARANCES: Todd D. Kranda; Arnold V. Fleck
4210/17/2000 ARGUED: Kranda; Fleck (Vol. X; page 70)
4312/12/2000 DISPOSITION: REVERSED AND REMANDED
4412/12/2000 UNANIMOUS OPINION: VandeWalle, Gerald W.
4512/12/2000 Costs on appeal in favor of the Appellant, Lawrence
4612/12/2000 NO SEPARATE ACTION TAKEN ON MOTION FOR ATTORNEYS FEES ON APPEAL AND REMAND (see opinion)
4712/12/2000 Order/Judgment Mailed to Parties
4812/26/2000 PETITION FOR REHEARING
4912/26/2000 DISK - PER
5012/27/2000 Amended Judgment
5112/27/2000 Order/Judgment Mailed to Parties (Amended Judgment)
5202/02/2001 ACTION BY SUPREME COURT (Pet./Rehearing). Denied
5302/22/2001 MANDATE
5402/27/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
5505/23/2007 EXPUNGED - Nonpermanent record items destroyed

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