Schmitz v. Schmitz
|
| 20000133 |
Ann L. Schmitz, Plaintiff, Appellee
and Cross-Appellant
v.
Orell D. Schmitz, Defendant, Appellant
and Cross-Appellee
|
| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge John T. Paulson |
|
Nature of Action: |
Divorce/Property Div./Alimony
|
| Counsel: |
|
| Term: |
11/2000 Argument: 11/01/2000 04:00PM
|
| ND cite: |
2001 ND 19
|
| NW cite: |
622 N.W.2d 176
|
|
|
| Issues: |
Appellant's Statement of the Issues:
I. The trial court applied the wrong standard in determining whether or not spousal support should have been reduced.
Appellee's Statement of the Issues:
A. Did the District Court apply the correct legal standard in determining whether or not a reduction in spousal support was appropriate?
B. Did the District Court abuse its discretion in awarding Ann only $2,000 in attorney fees?
C. Should the Court award Ann her attorney fees for defending this appeal?
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 Add Docket 20000133 RSS
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| 1 | | 05/02/2000 | |
NOTICE OF APPEAL: 04/28/2000 |
| 2 | | 05/02/2000 | |
ORDER FOR TRANSCRIPT (Joyce O. Harnden): 04/28/2000 |
| 3 | | 05/04/2000 | |
RETENTION OF RECORD ON APPEAL: 06/17/2000 |
| 4 | | 05/18/2000 | |
NOTICE OF CROSS APPEAL (filed in lower court on 5-15-00) |
| 5 | | 06/16/2000 | |
TRANSCRIPT DATED October 7-8, 1999 |
| 6 | | 06/16/2000 | |
DISK - TRA of 10--8-99 |
| 7 | | 06/21/2000 | |
RECORD ON APPEAL, includes #82 - Def. Exh. 4,15,16, & 17, #83 - Pl. Exh. 1-3, 5-14, |
| 8 | | 06/21/2000 | |
#162 - (Sealed by Court) Pl.Exh. 4-13,15-17,Def. Exh. 1-3,14,18, & 19; |
| 9 | | 06/21/2000 | |
Not rec'd - Entry #38 - Pl.Exh. 1-20 & Def.Exh. 21-22, A-H |
| 10 | | 07/25/2000 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 11 | | 07/25/2000 | |
ACTION BY CLERK (MAT). Granted: 08/09/2000 |
| 12 | | 07/28/2000 | |
Ltr dtd 7-27-00 from Michael L. Gjesdahl re no objection to MAT |
| 13 | | 08/09/2000 | |
APPELLANT BRIEF |
| 14 | | 08/09/2000 | |
APPELLANT APPENDIX |
| 15 | | 08/09/2000 | |
DISK - ATB |
| 16 | | 08/15/2000 | |
Corrected Table of Authorities and page 6 for ATB; docket sheet of lower ct. for ATA (inserted) |
| 17 | | 08/15/2000 | |
DISK - ATB (Corrected) |
| 18 | | 09/01/2000 | |
APPELLEE BRIEF |
| 19 | | 09/01/2000 | |
APPELLEE APPENDIX |
| 20 | | 09/06/2000 | |
DISK - AEB |
| 21 | | 09/18/2000 | |
REPLY BRIEF of Appellant |
| 22 | | 09/18/2000 | |
DISK - RYB |
| 23 | | 09/20/2000 | |
Original signature page for RYB (inserted in original RYB) |
| 24 | | 10/13/2000 | |
MOTION TO WAIVE OA (faxed memo dated 10-13-00 from Cathy Schmitz informing us that both parties are |
| 25 | | 10/13/2000 | |
in agreement to waive OA in this matter) |
| 26 | | 10/17/2000 | |
Faxed letter dated 10-17-00 from Michael Gjesdahl (his client consents to proposed waiver of OA) |
| 27 | | 10/18/2000 | |
Original letter dated 10-17-00 from Michael L. Gjesdahl |
| 28 | | 10/24/2000 | |
ACTION BY SUPREME COURT (OA waived - AT/AE). Granted |
| 29 | | 10/30/2000 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 30 | | 10/30/2000 | |
SITTING WITH THE COURT: Hodny, William F. |
| 31 | | 11/01/2000 | |
APPEARANCES: submitted on records and briefs filed |
| 32 | | 11/01/2000 | |
ARGUED: submitted on records and briefs filed (Vol. X; page 77) |
| 33 | | 02/02/2001 | |
DISPOSITION (and Remanded): AFFIRMED |
| 34 | | 02/02/2001 | |
SPLIT OPINION: Maring, Mary Muehlen |
| 35 | | 02/02/2001 | |
(CONCUR IN RESULT): Sandstrom, Dale V.: CON/RES |
| 36 | | 02/02/2001 | |
Costs on appeal taxed in favor of appellee |
| 37 | | 02/02/2001 | |
Order/Judgment Mailed to Parties |
| 38 | | 03/01/2001 | |
MANDATE |
| 39 | | 03/05/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 40 | | 05/29/2007 | |
EXPUNGED - Nonpermanent record items destroyed |