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: |
|
| Term: |
06/2001 Argument: 06/12/2001 09:00am
|
| ND cite: |
2001 ND 147
|
| NW cite: |
632 N.W.2d 443
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| 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.
|
|
 Add Docket 20000298 RSS
|
| 1 | | 11/02/2000 | |
NOTICE OF APPEAL: 11/01/2000 |
| 2 | | 11/02/2000 | |
ORDER FOR TRANSCRIPT: 11/01/2000 |
| 3 | | 12/20/2000 | |
MOT. EXT/TIME TRANSCRIPT |
| 4 | | 12/20/2000 | |
ACTION BY TRIAL COURT. Granted: 01/30/2001 |
| 5 | | 01/31/2001 | |
MOT. EXT/TIME TRANSCRIPT |
| 6 | | 01/31/2001 | |
ACTION BY CLERK (MTR). Granted: 02/28/2001 |
| 7 | | 02/28/2001 | |
TRANSCRIPT DATED 7-24-00 (Vol. I); 7-25-00 & 7-26-00 (Vol. II) |
| 8 | | 03/01/2001 | |
DISK - above transcripts |
| 9 | | 03/02/2001 | |
RECORD ON APPEAL & orig. transcript dated 7-26-00 (Not rec'd: Clerk's Cert. Nos. 21, 75, 76 - |
| 10 | | 03/02/2001 | |
steno notes; 94 and 114 - tapes, which were retained in District Court) |
| 11 | | 04/09/2001 | |
APPELLANT APPENDIX (No page 101) |
| 12 | | 04/17/2001 | |
APPELLANT BRIEF |
| 13 | | 04/18/2001 | |
DISK - ATB |
| 14 | | 05/14/2001 | |
APPELLEE BRIEF |
| 15 | | 05/15/2001 | |
DISK - AEB |
| 16 | | 06/12/2001 | |
APPEARANCES: Leslie Johnson Aldrich; Mark R. Fraase |
| 17 | | 06/12/2001 | |
ARGUED: Aldrich; Fraase (Vol. X; page 143) |
| 18 | | 06/12/2001 | |
ORAL ARGUMENT WEBCAST |
| 19 | | 08/29/2001 | |
DISPOSITION: AFFIRMED/PT, REVERSED/PT |
| 20 | | 08/29/2001 | |
UNANIMOUS OPINION: Neumann, William A. |
| 21 | | 08/29/2001 | |
Per Court, no costs on appeal awarded. |
| 22 | | 08/31/2001 | |
Order/Judgment Mailed to Parties |
| 23 | | 09/10/2001 | |
SUPPLEMENTAL CLERK'S CERT. DATED 9-06-01 (Entry No. 120) |
| 24 | | 09/20/2001 | |
MANDATE |
| 25 | | 09/25/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 26 | | 07/09/2007 | |
EXPUNGED - Nonpermanent record items destroyed |