O'Neill v. O'Neill

20000091 Leonard Lane O'Neill, Plaintiff and Appellant
v.
Jennifer C. O'Neill,
n/k/a Jennifer C. Oster, Defendant and Appellee

Appeal from: District Court, Northwest Judicial District, Williams County
Judge Gerald H. Rustad
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Edwardson Law Office
Appellee: Nilles, Plambeck, Selbo & Harrie, Ltd.
Term: 10/2000   Argument: 10/16/2000  1:30pm
ND cite: 2000 ND 200
NW cite: 619 N.W.2d 855


Issues: Appellant's Statement of the Issues:
Whether it was clearly erroneous for the trial court to find that the Plaintiff has not proven a "prima facie" case justifying modification of child custody as required in NDCC  14-09- 06.6(4) and to deny Plaintiff's motion without the benefit of discovery, evaluations, and evidentiary hearing.

Appellee's Statement of the Issues:
I. Whether it was clearly erroneous for the trial court to find that the appellant had not proven a "prima facie" case justifying modification as required pursuant to N.D.C.C.  14-09-06.6(4).

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Docket entries:
103/29/2000 NOTICE OF APPEAL: 03/28/2000
204/26/2000 RECORD ON APPEAL
305/15/2000 MOTION TO DISMISS
405/19/2000 Supplemental Affidavit of Malcolm Pippin in support of Motion to Dismiss
505/24/2000 Court ordered Debra Edwardson to file a Response to the Motion to Dismiss showing good cause why
605/24/2000 the appeal should not be dismissed
705/24/2000 Order To Show Cause Mailed to Parties
806/01/2000 Faxed Response to Order to Show Cause, Affidavit of Debra K. Edwardson, & attachments
906/02/2000 Original Response to Order to Show Cause, Affidavit of Debra K. Edwarson, & attachments
1006/05/2000 Appellee's Reply Brief in Support of Motion to Dismiss
1106/07/2000 ACTION BY SUPREME COURT (MOT/dismiss) but Ms. Edwardson is required to pay, personally,. Denied
1206/07/2000 $265, to Attorney Malcolm Pippin
1306/07/2000 MOT. EXT/TIME APPELLANT BRIEF (see Response to Order to show cause)
1406/07/2000 ACTION BY SUPREME COURT (due in this office). Granted: 06/16/2000
1506/16/2000 APPELLANT BRIEF
1606/16/2000 APPELLANT APPENDIX
1706/16/2000 Received cy of check sent to Mr. Pippin by Ms. Edwardson in the amt of $265.
1806/19/2000 DISK - ATB
1907/14/2000 MOT. EXT/TIME APPELLEE BRIEF, w/Exhibit A (Affidavit of Attorney H. Malcolm Pippin)
2007/14/2000 ACTION BY CLERK (MAE). Granted: 08/03/2000
2108/02/2000 APPELLEE BRIEF
2208/02/2000 APPELLEE SUPPLEMENTAL APPENDIX
2308/03/2000 DISK - AEB
2410/16/2000 APPEARANCES: Debra K. Edwardson; H. Malcolm Pippin, Jennifer C. Oster
2510/16/2000 ARGUED: Edwardson; Pippin (Vol. X; page 68)
2612/07/2000 DISPOSITION: REVERSED AND REMANDED
2712/07/2000 UNANIMOUS OPINION: Kapsner, Carol Ronning
2812/07/2000 Costs on appeal taxed in favor of appellant
2912/08/2000 Order/Judgment Mailed to Parties
3001/02/2001 MANDATE
3101/05/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3205/16/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/02/2014