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: |
|
| Term: |
10/2000 Argument: 10/17/2000 09:30am
|
| 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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| 1 | | 03/03/2000 | |
NOTICE OF APPEAL: 03/01/2000 |
| 2 | | 03/03/2000 | |
ORDER FOR TRANSCRIPT (Soma): 03/01/2000 |
| 3 | | 03/07/2000 | |
RETENTION OF RECORD ON APPEAL (Lisa E. Soma): 04/20/2000 |
| 4 | | 03/31/2000 | |
TRANSCRIPT DATED September 21, 1999 & January 3, 2000 (2 vols) |
| 5 | | 03/31/2000 | |
DISK - TRA (9-21-99 & 1-3-00) |
| 6 | | 03/31/2000 | |
RECORD ON APPEAL ( 6 vols.), Exhibits, Depositions (3) & Transcripts dated 8-14-95, 5-18-98, |
| 7 | | 03/31/2000 | |
9-21-99, 8-23-99, 1-3-00, & 9-8-97 (6 vols) (Not rec'd: #338 - Order Allowing an Evidentiary |
| 8 | | 03/31/2000 | |
Hearing on the Motion for Modification of Judgment, which the clerk indicates was missing from ROA) |
| 9 | | 04/04/2000 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 10 | | 04/04/2000 | |
Copy of letter from Todd Kranda to Judge Vukelic dated 4-3-00 RE: Jurisdiction matters |
| 11 | | 04/10/2000 | |
Copy of letter from Arnold Fleck to Judge Vukelic regarding the Record on Appeal |
| 12 | | 04/11/2000 | |
NOTICE OF CROSS APPEAL |
| 13 | | 04/11/2000 | |
Supplemental Clerk's Certificate (Entries 411 - 417) |
| 14 | | 04/17/2000 | |
Cy of ltr from Todd Kranda to Judge Vukelic dated 4-14-00 re: Arnold Fleck ltr of 4-7-00 |
| 15 | | 04/18/2000 | |
TRANSCRIPT DATED August 30, 1999 |
| 16 | | 04/18/2000 | |
DISK - TRA of 8-30-00 |
| 17 | | 05/17/2000 | |
Second Supplemental Clerk's Certificate of Record dated 5-16-00 (Entry Nos. 418-443, which includes |
| 18 | | 05/17/2000 | |
an original Transcript dated 5-19-98 & 5-22-98) |
| 19 | | 05/19/2000 | |
THIS CASE IS CONSOLIDATED W/20000151; MAKE ALL ENTRIES EXCEPT DIS IN THIS CASE |
| 20 | | 05/19/2000 | |
Third Supplemental Clerk's Cert. of Record (entries 444-448) |
| 21 | | 05/23/2000 | |
MOT. EXT/TIME APPELLANT BRIEF & Brief in Support |
| 22 | | 05/23/2000 | |
ACTION BY CLERK. Granted: 06/14/2000 |
| 23 | | 06/14/2000 | |
Copy of letter from Todd Kranda to Burleigh Co. Clerk's Office dated 6-13-00 w/attached copy of |
| 24 | | 06/14/2000 | |
unsigned Order Allowing An Evidentiary Hearing on Motion for Modification of Judgment. |
| 25 | | 06/14/2000 | |
APPELLANT BRIEF |
| 26 | | 06/14/2000 | |
APPELLANT APPENDIX |
| 27 | | 06/14/2000 | |
DISK of ATB |
| 28 | | 07/14/2000 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 29 | | 07/14/2000 | |
ACTION BY CLERK (MAE). Granted: 08/14/2000 |
| 30 | | 08/14/2000 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 31 | | 08/14/2000 | |
ACTION BY CHIEF JUSTICE (w/understanding O.A. will be scheduled for October). Granted: 08/21/2000 |
| 32 | | 08/21/2000 | |
APPELLEE BRIEF |
| 33 | | 08/21/2000 | |
Addendum to AEB |
| 34 | | 08/22/2000 | |
DISK - AEB |
| 35 | | 09/01/2000 | |
SITTING WITH THE COURT: Leclerc, Lawrence A. |
| 36 | | 09/05/2000 | |
REPLY BRIEF |
| 37 | | 09/05/2000 | |
DISK - RYB |
| 38 | | 10/04/2000 | |
MOTION FOR ATTORNEYS FEES ON APPEAL AND REMAND. RspDue: 10/11/2000 |
| 39 | | 10/04/2000 | |
Affidavit of Arnold V. Fleck in support of Motion |
| 40 | | 10/11/2000 | |
Response Filed to Motion for Attorney Fees on Appeal and Remand |
| 41 | | 10/17/2000 | |
APPEARANCES: Todd D. Kranda; Arnold V. Fleck |
| 42 | | 10/17/2000 | |
ARGUED: Kranda; Fleck (Vol. X; page 70) |
| 43 | | 12/12/2000 | |
DISPOSITION: REVERSED AND REMANDED |
| 44 | | 12/12/2000 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 45 | | 12/12/2000 | |
Costs on appeal in favor of the Appellant, Lawrence |
| 46 | | 12/12/2000 | |
NO SEPARATE ACTION TAKEN ON MOTION FOR ATTORNEYS FEES ON APPEAL AND REMAND (see opinion) |
| 47 | | 12/12/2000 | |
Order/Judgment Mailed to Parties |
| 48 | | 12/26/2000 | |
PETITION FOR REHEARING |
| 49 | | 12/26/2000 | |
DISK - PER |
| 50 | | 12/27/2000 | |
Amended Judgment |
| 51 | | 12/27/2000 | |
Order/Judgment Mailed to Parties (Amended Judgment) |
| 52 | | 02/02/2001 | |
ACTION BY SUPREME COURT (Pet./Rehearing). Denied |
| 53 | | 02/22/2001 | |
MANDATE |
| 54 | | 02/27/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 55 | | 05/23/2007 | |
EXPUNGED - Nonpermanent record items destroyed |