Hoverson v. Hoverson
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| 20000227 |
Deborah Lee Hoverson, Plaintiff and Appellee
v.
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)
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| Counsel: |
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| Term: |
02/2001 Argument: 02/05/2001 04:00pm
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| ND cite: |
2001 ND 124
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| NW cite: |
629 N.W.2d 573
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| 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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| 1 | | 08/09/2000 | |
NOTICE OF APPEAL: 08/08/2000 |
| 2 | | 08/09/2000 | |
ORDER FOR TRANSCRIPT (Nancy Krogstad): 08/08/2000 |
| 3 | | 08/10/2000 | |
Letter dated 8-10-00 from counsel for Appellant w/ courtesy copy of Amended Order for Transcript |
| 4 | | 08/11/2000 | |
Amended Order for Transcript (certified copy) |
| 5 | | 08/15/2000 | |
MOT. EXT/TIME TRANSCRIPT |
| 6 | | 08/15/2000 | |
ACTION BY TRIAL COURT. Granted: 11/06/2000 |
| 7 | | 08/15/2000 | |
Acknowledgment of Order for Transcript and RETENTION OF RECORD ON APPEAL: 11/06/2000 |
| 8 | | 08/21/2000 | |
NOTICE OF CROSS APPEAL (Deborah Lee Hoverson) |
| 9 | | 10/20/2000 | |
TRANSCRIPT DATED July 29, 30, 1999 and May 1, 2, 2000 (4 volumes) |
| 10 | | 10/23/2000 | |
DISK - TRA dated 7-29-99 & 7-30-99 |
| 11 | | 10/24/2000 | |
RECORD ON APPEAL (3 volumes & separates) |
| 12 | | 10/26/2000 | |
DISK of TRA dated 5-1-00 & 5-2-00 |
| 13 | | 11/15/2000 | |
Letter from Patti Jensen dated 11-13-00 RE: Intent to proceed with cross-appeal |
| 14 | | 11/29/2000 | |
APPELLANT BRIEF |
| 15 | | 11/29/2000 | |
APPELLANT APPENDIX |
| 16 | | 11/30/2000 | |
DISK - ATB |
| 17 | | 12/07/2000 | |
DISK - ATB (Corrected) |
| 18 | | 01/02/2001 | |
APPELLEE BRIEF |
| 19 | | 01/04/2001 | |
DISK - aeb |
| 20 | | 01/04/2001 | |
MOTION FOR WITHDRAWAL OF CROSS-APPEAL ("Plaintiff's Withdrawal of Cross-Appeal") |
| 21 | | 01/04/2001 | |
ACTION BY CLERK. granted |
| 22 | | 01/04/2001 | |
Order of Dismissal of Cross-Appeal Mailed to Parties |
| 23 | | 01/08/2001 | |
SUPPLEMENTAL CLERK'S CERT. DATED 1-04-01 (Entry Nos. 217-218) (NOTE: 217 is Plaintiff's |
| 24 | | 01/08/2001 | |
Withdrawal of Cross Appeal) |
| 25 | | 07/10/2001 | |
At the direction of the Court no costs will be taxed on this appeal |
| 26 | | 01/18/2001 | |
REPLY BRIEF OF APPELLANT |
| 27 | | 01/18/2001 | |
DISK - RYB |
| 28 | | 01/25/2001 | |
Corrected Table of Athorities & pages for Reply Brief |
| 29 | | 01/25/2001 | |
DISK - Corrected Disk for RYB |
| 30 | | 02/05/2001 | |
STIPULATION TO WAIVE OA (AT/AE) (Faxed) |
| 31 | | 02/05/2001 | |
ACTION BY SUPREME COURT (Stip. to Waive OA). Granted |
| 32 | | 02/05/2001 | |
APPEARANCES: submitted on brief |
| 33 | | 02/05/2001 | |
ARGUED: submitted on brief (Vol. X; page 106) |
| 34 | | 07/10/2001 | |
DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT |
| 35 | | 07/10/2001 | |
UNANIMOUS OPINION: Neumann, William A. |
| 36 | | 07/11/2001 | |
Order/Judgment Mailed to Parties |
| 37 | | 08/02/2001 | |
MANDATE |
| 38 | | 08/07/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 39 | | 06/25/2007 | |
EXPUNGED - Nonpermanent record items destroyed |