Christl v. Swanson

20000315 Kenneth S. Christl, Plaintiff and Appellee
v.
Lisa Swanson, Defendant and Appellant
and
M.M.S., a minor child,
represented by her
natural mother, Lisa Swanson, Defendant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Michael O. McGuire
Nature of Action: Child Support
Counsel:
Appellant: Bonnie Jendro Askew
Appellee: Johnson, Ramstad & Mottinger, PLLP
Term: 04/2001   Argument: 04/19/2001  9:30am
ND cite: 2001 ND 98
NW cite: 626 N.W.2d 690

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the trial court's recalculation of appellee's net income exceeded the scope of the remand ordered by the North Dakota Supreme Court and is not supported by the record.
2. Whether the trial court failed to comply with the requirements of Rule 63 of the North Dakota Rules of Civil Procedure.

Appellee's Statement of the Issues:
1. Whether the district court abused its discretion in determining the extent to which business costs paid for the purchase of business assets, but not expensed for internal revenue purposes, would be used in determining Plaintiff's net income for calculating child support.
2. Whether rule 63 of the North Dakota Rules of Civil Procedure requires reversal when the successor judge has before him all of the evidence which was before the original judge, when the successor judge has access to a transcript of the hearing in front of the original judge, when neither party requests the successor judge to certify his familiarity with the record, and when the party invoking rule 63 is not denied due process.

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Docket entries:
111/20/2000 NOTICE OF APPEAL: 11/17/2000
211/20/2000 ORDER FOR TRANSCRIPT (Roger Mjones): 11/17/2000
311/28/2000 Copy of letter dated 11-27-00 from Roger L. Mjones, Court Reporter, to Bonnia J. Askew informing
411/28/2000 her that preparation of TRA has been suspended for nonpayment of TRA
512/05/2000 Letter dated 12-04-00 from Roger L. Mjones, Ct. Reporter, informing us that payment has been rec'd
612/27/2000 TRANSCRIPT DATED July 14, 2000
712/29/2000 DISK - TRA (7-14-00)
812/29/2000 RECORD ON APPEAL (2 vols), Transcript dated 5-12-99 and Transcript dated 7-8-99 (Not rec'd: 20,38,&
912/29/2000 60-tapes and 82-steno notes)
1002/06/2001 APPELLANT BRIEF
1102/06/2001 APPELLANT APPENDIX
1202/07/2001 DISK - ATB
1302/15/2001 Ltr from Bonnie Askew regarding modification to computer disc of ATB
1403/06/2001 APPELLEE BRIEF
1503/06/2001 APPELLEE APPENDIX
1603/07/2001 DISK - AEB
1705/22/2001 UNANIMOUS OPINION: Kapsner, Carol Ronning
1804/19/2001 ARGUED: Askew; Fraase (Vol. X; page 126)
1904/19/2001 APPEARANCES: Bonnie Jendro Askew; Mark R. Fraase
2004/19/2001 ORAL ARGUMENT WEBCAST
2104/25/2001 MOTION FOR REMAND (sua sponte)
2204/25/2001 ACTION BY SUPREME COURT (MOT/remand). Granted
2304/25/2001 ORDER OF REMAND
2405/08/2001 Copy of Certification of Familiarity with the Record
2505/09/2001 RECORD ON APPEAL w/separates re-filed after remand(not rec'd: 20, 38, 60(tapes) & 82(steno notes))
2605/22/2001 DISPOSITION: AFFIRMED
2705/22/2001 Costs on appeal taxed in favor of appellee
2805/24/2001 Order/Judgment Mailed to Parties
2906/18/2001 MANDATE
3006/25/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3107/12/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/31/2014