Heinz v. Heinz

20000298 Eleanor Heinz, Plaintiff and Appellee
v.
Jerome Heinz, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Lawrence A. Leclerc
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Johnson Law Office P.C.
Appellee: Johnson, Ramstad & Mottinger, PLLP
Term: 06/2001   Argument: 06/12/2001  9:00am
ND cite: 2001 ND 147
NW cite: 632 N.W.2d 443

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Issues: Appellant's Statement of the Issues:
1. Did the trial court award an improper amount of child support to Defendant when it failed to include spousal support payments did the Court err in dividing the child support award in half upon the oldest child reaching the age of majority?
2. Did the trial court err when it did not consider fault in the division of property and when it awarded spousal support?
3. Did the trial court err in determining Plaintiff was a disadvantaged spouse when it awarded rehabilitative spousal support and permanent spousal support until she reached the age of 65 or remarried?
4. Was an equitable distribution of the property made between the parties just and proper under N.D.C.C.  14-05-24?

Appellee's Statement of the Issues:
I. Whether the issue of Plaintiff's child support obligation is properly before the court.
II. Whether the trial court's distribution of property is clearly erroneous.
III. Whether the trial court's award of spousal support is clearly erroneous.
IV. Whether lack of merit of this appeal, the needs of the Plaintiff, and Defendant's ability to pay require that Plaintiff be awarded attorney fees for the appeal.

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Docket entries:
111/02/2000 NOTICE OF APPEAL: 11/01/2000
211/02/2000 ORDER FOR TRANSCRIPT: 11/01/2000
312/20/2000 MOT. EXT/TIME TRANSCRIPT
412/20/2000 ACTION BY TRIAL COURT. Granted: 01/30/2001
501/31/2001 MOT. EXT/TIME TRANSCRIPT
601/31/2001 ACTION BY CLERK (MTR). Granted: 02/28/2001
702/28/2001 TRANSCRIPT DATED 7-24-00 (Vol. I); 7-25-00 & 7-26-00 (Vol. II)
803/01/2001 DISK - above transcripts
903/02/2001 RECORD ON APPEAL & orig. transcript dated 7-26-00 (Not rec'd: Clerk's Cert. Nos. 21, 75, 76 -
1003/02/2001 steno notes; 94 and 114 - tapes, which were retained in District Court)
1104/09/2001 APPELLANT APPENDIX (No page 101)
1204/17/2001 APPELLANT BRIEF
1304/18/2001 DISK - ATB
1405/14/2001 APPELLEE BRIEF
1505/15/2001 DISK - AEB
1606/12/2001 APPEARANCES: Leslie Johnson Aldrich; Mark R. Fraase
1706/12/2001 ARGUED: Aldrich; Fraase (Vol. X; page 143)
1806/12/2001 ORAL ARGUMENT WEBCAST
1908/29/2001 DISPOSITION: AFFIRMED/PT, REVERSED/PT
2008/29/2001 UNANIMOUS OPINION: Neumann, William A.
2108/29/2001 Per Court, no costs on appeal awarded.
2208/31/2001 Order/Judgment Mailed to Parties
2309/10/2001 SUPPLEMENTAL CLERK'S CERT. DATED 9-06-01 (Entry No. 120)
2409/20/2001 MANDATE
2509/25/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2607/09/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 08/19/2014