Selzler v. Selzler
Shari Selzler, Plaintiff and Appellant
Terry Selzler, Defendant and Appellee
Northeast Judicial District,
Judge Laurie A. Fontaine
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||04/2001  Argument: 04/25/2001|
|ND cite:||2001 ND 138|
631 N.W.2d 564
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20000247 RSS|
|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|
|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|