Hoverson v. Hoverson

20000227 Deborah Lee Hoverson, Plaintiff and Appellee
Carl Michael Hoverson, Defendant and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Bruce E. Bohlman
Nature of Action: Child Cust & Support (Div.\other)
Appellant: Carter McDonagh, P.L.L.P.
Appellee: Galstad, Jensen & McCann, P.A.
Term: 02/2001   Argument: 02/05/2001
ND cite: 2001 ND 124
NW cite: 629 N.W.2d 573

Issues: Appellant's Statement of the Issues:
I. Did the trial court err in finding that Carl committed economic fault by transferring American Crystal Beet stock and real estate to the partnership (formed with R.D. Offutt) in the ordinary course of business without the consent of Deborah?
II. Did the trial court err in its method of valuing Hoverson Farms LLP as a "going concern" without regard to retained earnings and not using the fair market valuation method?
III. Did the trial court err in awarding Deborah indefinite permanent spousal maintenance?
V. Did the trial court err in awarding Deborah One Thousand Five Dollars ($1,005.00) as and for child support for the parties three minor children?
V. Did the trial court err in awarding of $117,000 in future payments in cash to Deborah?

Appellee's Statement of the Issues:
I. The trial court's finding that Carl committed economic fault by transferring American Crystal Sugar beet stock and real estate into his farming partnership was not clearly erroneous.
II. The trial court's method of valuing Hoverson Farms, LLP. as a going concern was not clearly erroneous.
III. The trial court's award of indefinite permanent spousal maintenance to Debbie was not clearly erroneous.
IV. The trial court's award of $1,005.00 per month in child support was not clearly erroneous.
V. The trial court's award of $117,000.00 in future payments in cash to Debbie was not clearly erroneous.

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Docket entries:
108/09/2000 NOTICE OF APPEAL: 08/08/2000
208/09/2000 ORDER FOR TRANSCRIPT (Nancy Krogstad): 08/08/2000
308/10/2000 Letter dated 8-10-00 from counsel for Appellant w/ courtesy copy of Amended Order for Transcript
408/11/2000 Amended Order for Transcript (certified copy)
608/15/2000 ACTION BY TRIAL COURT. Granted: 11/06/2000
708/15/2000 Acknowledgment of Order for Transcript and RETENTION OF RECORD ON APPEAL: 11/06/2000
808/21/2000 NOTICE OF CROSS APPEAL (Deborah Lee Hoverson)
910/20/2000 TRANSCRIPT DATED July 29, 30, 1999 and May 1, 2, 2000 (4 volumes)
1010/23/2000 DISK - TRA dated 7-29-99 & 7-30-99
1110/24/2000 RECORD ON APPEAL (3 volumes & separates)
1210/26/2000 DISK of TRA dated 5-1-00 & 5-2-00
1311/15/2000 Letter from Patti Jensen dated 11-13-00 RE: Intent to proceed with cross-appeal
1411/29/2000 APPELLANT BRIEF
1611/30/2000 DISK - ATB
1712/07/2000 DISK - ATB (Corrected)
1801/02/2001 APPELLEE BRIEF
1901/04/2001 DISK - aeb
2001/04/2001 MOTION FOR WITHDRAWAL OF CROSS-APPEAL ("Plaintiff's Withdrawal of Cross-Appeal")
2101/04/2001 ACTION BY CLERK. granted
2201/04/2001 Order of Dismissal of Cross-Appeal Mailed to Parties
2301/08/2001 SUPPLEMENTAL CLERK'S CERT. DATED 1-04-01 (Entry Nos. 217-218) (NOTE: 217 is Plaintiff's
2401/08/2001 Withdrawal of Cross Appeal)
2507/10/2001 At the direction of the Court no costs will be taxed on this appeal
2701/18/2001 DISK - RYB
2801/25/2001 Corrected Table of Athorities & pages for Reply Brief
2901/25/2001 DISK - Corrected Disk for RYB
3002/05/2001 STIPULATION TO WAIVE OA (AT/AE) (Faxed)
3102/05/2001 ACTION BY SUPREME COURT (Stip. to Waive OA). Granted
3202/05/2001 APPEARANCES: submitted on brief
3302/05/2001 ARGUED: submitted on brief (Vol. X; page 106)
3507/10/2001 UNANIMOUS OPINION: Neumann, William A.
3607/11/2001 Order/Judgment Mailed to Parties
3708/02/2001 MANDATE
3906/25/2007 EXPUNGED - Nonpermanent record items destroyed

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