O'Neill v. O'Neill
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| 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)
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| Counsel: |
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| Term: |
10/2000 Argument: 10/16/2000 01:30pm
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| ND cite: |
2000 ND 200
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| NW cite: |
619 N.W.2d 855
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| 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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| 1 | | 03/29/2000 | |
NOTICE OF APPEAL: 03/28/2000 |
| 2 | | 04/26/2000 | |
RECORD ON APPEAL |
| 3 | | 05/15/2000 | |
MOTION TO DISMISS |
| 4 | | 05/19/2000 | |
Supplemental Affidavit of Malcolm Pippin in support of Motion to Dismiss |
| 5 | | 05/24/2000 | |
Court ordered Debra Edwardson to file a Response to the Motion to Dismiss showing good cause why |
| 6 | | 05/24/2000 | |
the appeal should not be dismissed |
| 7 | | 05/24/2000 | |
Order To Show Cause Mailed to Parties |
| 8 | | 06/01/2000 | |
Faxed Response to Order to Show Cause, Affidavit of Debra K. Edwardson, & attachments |
| 9 | | 06/02/2000 | |
Original Response to Order to Show Cause, Affidavit of Debra K. Edwarson, & attachments |
| 10 | | 06/05/2000 | |
Appellee's Reply Brief in Support of Motion to Dismiss |
| 11 | | 06/07/2000 | |
ACTION BY SUPREME COURT (MOT/dismiss) but Ms. Edwardson is required to pay, personally,. Denied |
| 12 | | 06/07/2000 | |
$265, to Attorney Malcolm Pippin |
| 13 | | 06/07/2000 | |
MOT. EXT/TIME APPELLANT BRIEF (see Response to Order to show cause) |
| 14 | | 06/07/2000 | |
ACTION BY SUPREME COURT (due in this office). Granted: 06/16/2000 |
| 15 | | 06/16/2000 | |
APPELLANT BRIEF |
| 16 | | 06/16/2000 | |
APPELLANT APPENDIX |
| 17 | | 06/16/2000 | |
Received cy of check sent to Mr. Pippin by Ms. Edwardson in the amt of $265. |
| 18 | | 06/19/2000 | |
DISK - ATB |
| 19 | | 07/14/2000 | |
MOT. EXT/TIME APPELLEE BRIEF, w/Exhibit A (Affidavit of Attorney H. Malcolm Pippin) |
| 20 | | 07/14/2000 | |
ACTION BY CLERK (MAE). Granted: 08/03/2000 |
| 21 | | 08/02/2000 | |
APPELLEE BRIEF |
| 22 | | 08/02/2000 | |
APPELLEE SUPPLEMENTAL APPENDIX |
| 23 | | 08/03/2000 | |
DISK - AEB |
| 24 | | 10/16/2000 | |
APPEARANCES: Debra K. Edwardson; H. Malcolm Pippin, Jennifer C. Oster |
| 25 | | 10/16/2000 | |
ARGUED: Edwardson; Pippin (Vol. X; page 68) |
| 26 | | 12/07/2000 | |
DISPOSITION: REVERSED AND REMANDED |
| 27 | | 12/07/2000 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 28 | | 12/07/2000 | |
Costs on appeal taxed in favor of appellant |
| 29 | | 12/08/2000 | |
Order/Judgment Mailed to Parties |
| 30 | | 01/02/2001 | |
MANDATE |
| 31 | | 01/05/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 32 | | 05/16/2007 | |
EXPUNGED - Nonpermanent record items destroyed |