Kopp v. Kopp

20000200 Ardella Kopp, n/k/a
Ardella Stein, Plaintiff and Appellee
v.
Myron E. Kopp, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Burt L. Riskedahl
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Benjamin C. Pulkrabek
Appellee: Irvin B. Nodland, PC
Term: 12/2000   Argument: 12/18/2000  1:30pm
ND cite: 2001 ND 41
NW cite: 622 N.W.2d 726

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. When a divorce judgment has been entered, and the appeals time has elapsed, if there is no award of spousal support, and no reservation of jurisdiction over marital property and debts, does the district court have jurisdiction to amend the judgment and award spousal support and a different distribution of the property?
2. After a divorce judgment has been entered, and the appeals time has lapsed, does the district court have any control over, or can it issue any sanctions against a party who legally discharges their marital debts in a bankruptcy proceeding?

Appellee's Statement of the Issues:
I. Did the trial court have jurisdiction to set aside a judgment and enter a new one?
Ii. Did the trial court abuse its discretion in setting aside a judgment and entering a new one?

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Docket entries:
107/14/2000 NOTICE OF APPEAL: 07/12/2000
207/14/2000 ORDER FOR TRANSCRIPT (Sharon Fox): 07/12/2000
307/14/2000 RETENTION OF RECORD ON APPEAL (Sharon Fox): 08/31/2000
407/20/2000 Transcript dated June 23, 2000
507/20/2000 DISK - TRA (6-23-00)
608/29/2000 TRANSCRIPTS DATED APRIL 11, 2000 AND MAY 15, 2000
708/30/2000 DISK - TRA's 4-11-00 and 05-15-00
809/11/2000 RECORD ON APPEAL (2 vols.) and Exhibits (No.115--copy of letter from S.C. to Mr. Pulkrabek dated
909/11/2000 7-14-00 is missing--Clerk states it is missing)
1010/06/2000 APPELLANT BRIEF
1110/06/2000 APPELLANT APPENDIX
1210/06/2000 DISK - ATB
1311/07/2000 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
1410/11/2000 8 copies of TOC and Docket Sheets for ATA
1511/01/2000 APPELLEE BRIEF
1611/02/2000 DISK - AEB
1711/21/2000 SITTING WITH THE COURT: Grosz, Richard W.
1812/18/2000 APPEARANCES: Benjamin C. Pulkrabek; Irvin B. Nodland
1912/18/2000 ARGUED: Pulkrabek; Nodland (Vol. X; page 96)
2012/18/2000 ORAL ARGUMENT WEBCAST
2102/21/2001 DISPOSITION: AFFIRMED
2202/21/2001 UNANIMOUS OPINION: VandeWalle, Gerald W.
2302/21/2001 Costs on appeal awarded in favor of the Appellee
2402/21/2001 Order/Judgment Mailed to Parties
2503/16/2001 MANDATE
2606/20/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2706/20/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/02/2014