Selzler v. Selzler
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| 20000247 |
Shari Selzler, Plaintiff and Appellant
v.
Terry Selzler, Defendant and Appellee
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| Appeal from: |
District Court,
Northeast Judicial District,
Pierce County
Judge Laurie A. Fontaine |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
04/2001 Argument: 04/25/2001 02:45pm
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| ND cite: |
2001 ND 138
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| NW cite: |
631 N.W.2d 564
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the lower court erred in accepting the guardian ad litem's report in that the guardian ad litem (serving as a custody investigator) did not meet the minimum requirements required by law or in the alternative sufficient qualifications
given the nature of the case.
2. Whether the lower court erred in allowing the guardian ad litem (serving as a custody investigator) to be excused from the court proceedings and not requiring her to be present throughout the hearing as required by law.
3. Whether the lower court erred in relying on hearsay information relating to sexual abuse risk factors supplied by the unqualified guardian ad litem (serving as a custody investigator) and rejecting the contrary evidence of the only witness
qualified to provide such expert information.
4. Whether the lower court erred in reference to how it handled the prior finding of fact that Terry had committed four separate incidents of sexual abuse on his adopted daughter, Tasha.
5. Whether the lower court erred in awarding custody to Terry.
6. Whether this matter should be remanded to the lower court for additional evidence.
7. Whether this matter should be remanded to the lower court for a new hearing.
Appellee's Statement of the Issues:
1. Did the trial court err in accepting the guardian ad litem's report?
2. Did the trial court err in allowing the guardian ad litem (custody investigator) to be excused from the court proceedings and not requiring her to be present throughout the hearing as required by law?
3. Did the trial court err in relying on the custody investigator compared to the social worker in control of Ms. Selzler's contract?
4. Did the trial court err in reference to how it handled the prior allegations of sexual abuse?
5. Did the trial court err in awarding custody to Terry?
6. Whether this matter should be remanded for additional evidence and hearing?
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| 1 | | 08/31/2000 | |
NOTICE OF APPEAL: 08/30/2000 |
| 2 | | 08/31/2000 | |
ORDER FOR TRANSCRIPT: 08/30/2000 |
| 3 | | 09/14/2000 | |
Request for advance payment of transcript |
| 4 | | 10/02/2000 | |
RECORD ON APPEAL |
| 5 | | 10/17/2000 | |
TRANSCRIPT COMMENCING MARCH 23, 2000 (3 VOLUMES) |
| 6 | | 10/18/2000 | |
DISK - TRA commencing 3-23-00 (3 disks) |
| 7 | | 11/20/2000 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 8 | | 11/20/2000 | |
ACTION BY CHIEF DEPUTY CLERK. Granted: 12/21/2000 |
| 9 | | 11/22/2000 | |
Certificate of Service for TRA |
| 10 | | 12/12/2000 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 11 | | 12/13/2000 | |
Oppostion to Motion to extend Time to File Appellant Brief (fax) |
| 12 | | 12/13/2000 | |
ACTION BY CHIEF JUSTICE. Granted: 01/10/2001 |
| 13 | | 12/14/2000 | |
Opposition to Motion to extend Time to File Appellant Brief (original) |
| 14 | | 01/10/2001 | |
APPELLANT BRIEF |
| 15 | | 01/10/2001 | |
APPELLANT APPENDIX |
| 16 | | 01/11/2001 | |
Lynn M. Boughey is Substitute for Faron Terry as Counsel for Appellant effective 1-10-01 |
| 17 | | 01/15/2001 | |
Aff. of Service of ATB received |
| 18 | | 01/15/2001 | |
MOTION to extend word length for Appellant's Brief (letter form) |
| 19 | | 01/15/2001 | |
ACTION BY SUPREME COURT (GWV). Granted |
| 20 | | 01/15/2001 | |
Per ltr. of 01-13-01 from Lynn Boughey Appellant's Appendix pages are mis-numbered and there are |
| 21 | | 01/15/2001 | |
no missing pages 43-49 and 98-99. |
| 22 | | 02/07/2001 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 23 | | 02/07/2001 | |
ACTION BY CLERK (MAE). Granted: 03/02/2001 |
| 24 | | 02/08/2001 | |
MOTION FOR CORRECT OR MODIFY RECORD |
| 25 | | 02/09/2001 | |
NO ACTION TAKEN |
| 26 | | 02/26/2001 | |
Copy of letter dated 2-22-01, fm Judge Laurie A. Fontaine to Carla Marks regarding Order Granting |
| 27 | | 02/26/2001 | |
Motion to Modify or Correct Record |
| 28 | | 02/27/2001 | |
Supplemental Clerk's Certificate dated 2-26-01 (Entry Nos. 110-117 & misc. correspondence - 3 ltrs) |
| 29 | | 03/01/2001 | |
APPELLEE BRIEF |
| 30 | | 03/01/2001 | |
APPELLEE APPENDIX |
| 31 | | 03/02/2001 | |
DISK - AEB |
| 32 | | 03/29/2001 | |
8 copies of missing pages for ATA |
| 33 | | 04/04/2001 | |
DISK - ATB |
| 34 | | 04/25/2001 | |
APPEARANCES: Lynn M. Boughey,Shari Selzler; Michael S. McIntee, Terry Selzler |
| 35 | | 04/25/2001 | |
ARGUED: Boughey; McIntee (Vol. X; page 128) |
| 36 | | 04/25/2001 | |
ORAL ARGUMENT WEBCAST |
| 37 | | 07/20/2001 | |
DISPOSITION: AFFIRMED |
| 38 | | 07/20/2001 | |
UNANIMOUS OPINION: Neumann, William A. |
| 39 | | 07/20/2001 | |
Costs on appeal taxed in favor of appellee |
| 40 | | 07/23/2001 | |
Order/Judgment Mailed to Parties |
| 41 | | 07/23/2001 | |
Letter dated 7-21-01 from Lynn M. Boughey |
| 42 | | 08/29/2001 | |
MOTION FOR SUBSTITUTE PAGE 2 OF THE OPINION (SUA SPONTE) |
| 43 | | 08/29/2001 | |
ACTION BY SUPREME COURT (substitute page 2 of the opinion). Granted |
| 44 | | 08/29/2001 | |
Corrected/Substitute Opinion Page 2 |
| 45 | | 08/30/2001 | |
Order for New Page Mailed to Parties, publishers |
| 46 | | 09/04/2001 | |
MANDATE |
| 47 | | 09/19/2001 | |
Corrected/Substitute Opinion Page (page 7, para. 21, last line on page) |
| 48 | | 09/20/2001 | |
Order/Judgment Mailed to Parties (corrected opinion page 7) |
| 49 | | 09/12/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 50 | | 06/28/2007 | |
EXPUNGED - Nonpermanent record items destroyed |