Berg v. Berg

20000355 Weston L. Berg, Plaintiff and Appellant
Brenda M. Berg, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Oliver County
Judge Donald L. Jorgensen
Nature of Action: Child Cust & Support (Div.\other)
Appellant: #Schmitz & Schmidt
Appellee: Vogel Law Firm
Term: 01/2002   Argument: 01/29/2002
ND cite: 2002 ND 69
NW cite: 642 N.W.2d 899

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Did the trial court err in awarding unsupervised visitation to Brenda, a perpetrator of domestic violence?
II. Did the trial court err in ruling that Weston shall provide health insurance coverage for the minor children when N.D.C.C. 14-09-08.10 requires Brenda, the obligor to provide coverage for the children if insurance is available to her at reasonable cost?
III. Did the trial court abuse its discretion awarding Weston attorney's fees of $350.00 for the appeal when the appeal cost more than $8,000.00 and when Brenda's income and net worth are far greater than Weston's?
IV. Is Weston entitled to reasonable attorney's fees and costs in this appeal of the same two issues that were appealed previously and reversed and remanded back to the trial court by this court?
I. The trial Court erred in finding that Brenda received counseling which addressed her domestic violence toward Weston and the children, and that Brenda does not have an identified mental illness or personality disorder.

Appellee's Statement of the Issues:
I. Whether the trial court considered improper factors or misapplied the law in awarding Brenda Berg unsupervised visitation with the minor children.
II. Whether the presumption against unsupervised visitation has been rebutted; whether the award of unsupervised visitation is clearly erroneous.
III. Whether the trial court order concerning health insurance for the minor children accords with statutory requirements.
IV. Whether the award of attorney fees to Weston Berg is clearly erroneous.

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Docket entries:
112/19/2000 NOTICE OF APPEAL: 12/18/2000
212/19/2000 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
501/29/2001 DISK - ATB
602/07/2001 RECORD ON APPEAL, which includes exhibits and 43 transcripts
702/22/2001 MOTION FOR REMAND (sua sponte)
802/22/2001 ACTION BY CHIEF JUSTICE (MOT/remand). Granted
902/22/2001 ORDER OF REMAND
1002/22/2001 Order of Remand Mailed to Parties, clerk, trial court
1105/03/2001 MOTION for Substitution of Counsel & Affidavit in Support of Motion w/ copy of Notice of
1205/03/2001 Substitution of Counsel (William Schmidt substituted as counsel for Weston Berg)
1305/03/2001 ACTION BY CHIEF DEPUTY CLERK (Mot/Substitution of Counsel). Granted
1410/23/2001 Refiled Vol. 12 of RECORD ON APPEAL (Entry Nos. 340-373 with the exception of Entry No. 350,
1510/23/2001 which was not sent back when v. 12 was remanded)
1610/30/2001 Supplemental Clerk's Certificate on Appeal dated 10-29-01 (Entry Nos. 374-417)
1711/08/2001 MOTION FOR SUPPLEMENTAL BRIEF with Amended Notice of Appeal attached (letter dated 11/7/01)
1811/08/2001 ACTION BY SUPREME COURT (Neumann) (MOT/supp. ATB/limited to 6 pages). Granted
1911/08/2001 MOT. EXT/TIME APPELLANT BRIEF (Supplemental)
2011/08/2001 ACTION BY CLERK. Granted: 11/26/2001
2111/08/2001 MOT. EXT/TIME APPELLEE BRIEF (sua sponte)
2211/08/2001 ACTION BY CLERK. Granted: 12/14/2001
2311/13/2001 Supplemental Clerk's Certificate (Entry No. 418)
2511/26/2001 DISK - Supp. ATB e-mailed
2711/29/2001 Table of Contents for Supplemental Appellant's Appendix
2812/14/2001 MOT. EXT/TIME APPELLEE BRIEF (via fax)
2912/17/2001 Original copy of letter requesting extension of time to file AEB
3012/17/2001 ACTION BY CLERK (MAE). Granted: 12/17/2001
3112/17/2001 APPELLEE BRIEF
3212/17/2001 DISK - AEB
3312/31/2001 MOT. EXT/TIME REPLY BRIEF (letter dated 12.31.01)
3412/31/2001 ACTION BY CLERK (MRY). Granted: 01/03/2002
3501/03/2002 SITTING WITH THE COURT: Foughty, Donovan John
3601/03/2002 REPLY BRIEF
3801/10/2002 Corrected Table of Authorities and pages for Reply Brief
3901/11/2002 DISK - RYB
4001/11/2002 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 1-10-02 (Entries 420 thru 425) Not sent was Entry No. 419
4101/29/2002 APPEARANCES: William D. Schmidt; Leslie Bakken Oliver, Brenda Berg
4201/29/2002 ARGUED: Schmidt; Oliver (Vol. X; Page 197)
4404/18/2002 DISPOSITION (Remanded w/instructions): AFFIRMED/PT, REVERSED/PT
4504/18/2002 SPLIT OPINION: VandeWalle, Gerald W.
4604/18/2002 (CONCUR in Result): Sandstrom, Dale V.: CON/RES
4704/18/2002 At the direction of the Court no costs will be taxed on this appeal.
4804/18/2002 Order/Judgment Mailed to Parties
4904/26/2002 Corrected/Substitute Opinion Page
5005/13/2002 MANDATE
5207/17/2007 EXPUNGED - Nonpermanent record items destroyed

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