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: |
|
| Term: |
04/2001 Argument: 04/19/2001 09:30am
|
| ND cite: |
2001 ND 98
|
| NW cite: |
626 N.W.2d 690
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| 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.
|
|
 Add Docket 20000315 RSS
|
| 1 | | 11/20/2000 | |
NOTICE OF APPEAL: 11/17/2000 |
| 2 | | 11/20/2000 | |
ORDER FOR TRANSCRIPT (Roger Mjones): 11/17/2000 |
| 3 | | 11/28/2000 | |
Copy of letter dated 11-27-00 from Roger L. Mjones, Court Reporter, to Bonnia J. Askew informing |
| 4 | | 11/28/2000 | |
her that preparation of TRA has been suspended for nonpayment of TRA |
| 5 | | 12/05/2000 | |
Letter dated 12-04-00 from Roger L. Mjones, Ct. Reporter, informing us that payment has been rec'd |
| 6 | | 12/27/2000 | |
TRANSCRIPT DATED July 14, 2000 |
| 7 | | 12/29/2000 | |
DISK - TRA (7-14-00) |
| 8 | | 12/29/2000 | |
RECORD ON APPEAL (2 vols), Transcript dated 5-12-99 and Transcript dated 7-8-99 (Not rec'd: 20,38,& |
| 9 | | 12/29/2000 | |
60-tapes and 82-steno notes) |
| 10 | | 02/06/2001 | |
APPELLANT BRIEF |
| 11 | | 02/06/2001 | |
APPELLANT APPENDIX |
| 12 | | 02/07/2001 | |
DISK - ATB |
| 13 | | 02/15/2001 | |
Ltr from Bonnie Askew regarding modification to computer disc of ATB |
| 14 | | 03/06/2001 | |
APPELLEE BRIEF |
| 15 | | 03/06/2001 | |
APPELLEE APPENDIX |
| 16 | | 03/07/2001 | |
DISK - AEB |
| 17 | | 05/22/2001 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 18 | | 04/19/2001 | |
ARGUED: Askew; Fraase (Vol. X; page 126) |
| 19 | | 04/19/2001 | |
APPEARANCES: Bonnie Jendro Askew; Mark R. Fraase |
| 20 | | 04/19/2001 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 04/25/2001 | |
MOTION FOR REMAND (sua sponte) |
| 22 | | 04/25/2001 | |
ACTION BY SUPREME COURT (MOT/remand). Granted |
| 23 | | 04/25/2001 | |
ORDER OF REMAND |
| 24 | | 05/08/2001 | |
Copy of Certification of Familiarity with the Record |
| 25 | | 05/09/2001 | |
RECORD ON APPEAL w/separates re-filed after remand(not rec'd: 20, 38, 60(tapes) & 82(steno notes)) |
| 26 | | 05/22/2001 | |
DISPOSITION: AFFIRMED |
| 27 | | 05/22/2001 | |
Costs on appeal taxed in favor of appellee |
| 28 | | 05/24/2001 | |
Order/Judgment Mailed to Parties |
| 29 | | 06/18/2001 | |
MANDATE |
| 30 | | 06/25/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 31 | | 07/12/2007 | |
EXPUNGED - Nonpermanent record items destroyed |