Berg v. Berg
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| 20000355 |
Weston L. Berg, Plaintiff and Appellant
v.
Brenda M. Berg, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Oliver County
Judge Donald L. Jorgensen |
|
Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
01/2002 Argument: 01/29/2002 09:30am
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| ND cite: |
2002 ND 69
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| NW cite: |
642 N.W.2d 899
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 12/19/2000 | |
NOTICE OF APPEAL: 12/18/2000 |
| 2 | | 12/19/2000 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 3 | | 01/26/2001 | |
APPELLANT BRIEF |
| 4 | | 01/26/2001 | |
APPELLANT APPENDIX |
| 5 | | 01/29/2001 | |
DISK - ATB |
| 6 | | 02/07/2001 | |
RECORD ON APPEAL, which includes exhibits and 43 transcripts |
| 7 | | 02/22/2001 | |
MOTION FOR REMAND (sua sponte) |
| 8 | | 02/22/2001 | |
ACTION BY CHIEF JUSTICE (MOT/remand). Granted |
| 9 | | 02/22/2001 | |
ORDER OF REMAND |
| 10 | | 02/22/2001 | |
Order of Remand Mailed to Parties, clerk, trial court |
| 11 | | 05/03/2001 | |
MOTION for Substitution of Counsel & Affidavit in Support of Motion w/ copy of Notice of |
| 12 | | 05/03/2001 | |
Substitution of Counsel (William Schmidt substituted as counsel for Weston Berg) |
| 13 | | 05/03/2001 | |
ACTION BY CHIEF DEPUTY CLERK (Mot/Substitution of Counsel). Granted |
| 14 | | 10/23/2001 | |
Refiled Vol. 12 of RECORD ON APPEAL (Entry Nos. 340-373 with the exception of Entry No. 350, |
| 15 | | 10/23/2001 | |
which was not sent back when v. 12 was remanded) |
| 16 | | 10/30/2001 | |
Supplemental Clerk's Certificate on Appeal dated 10-29-01 (Entry Nos. 374-417) |
| 17 | | 11/08/2001 | |
MOTION FOR SUPPLEMENTAL BRIEF with Amended Notice of Appeal attached (letter dated 11/7/01) |
| 18 | | 11/08/2001 | |
ACTION BY SUPREME COURT (Neumann) (MOT/supp. ATB/limited to 6 pages). Granted |
| 19 | | 11/08/2001 | |
MOT. EXT/TIME APPELLANT BRIEF (Supplemental) |
| 20 | | 11/08/2001 | |
ACTION BY CLERK. Granted: 11/26/2001 |
| 21 | | 11/08/2001 | |
MOT. EXT/TIME APPELLEE BRIEF (sua sponte) |
| 22 | | 11/08/2001 | |
ACTION BY CLERK. Granted: 12/14/2001 |
| 23 | | 11/13/2001 | |
Supplemental Clerk's Certificate (Entry No. 418) |
| 24 | | 11/26/2001 | |
SUPPLEMENTAL APPELLANT'S BRIEF |
| 25 | | 11/26/2001 | |
DISK - Supp. ATB e-mailed |
| 26 | | 11/26/2001 | |
SUPPLEMENTAL APPELLANT'S APPENDIX |
| 27 | | 11/29/2001 | |
Table of Contents for Supplemental Appellant's Appendix |
| 28 | | 12/14/2001 | |
MOT. EXT/TIME APPELLEE BRIEF (via fax) |
| 29 | | 12/17/2001 | |
Original copy of letter requesting extension of time to file AEB |
| 30 | | 12/17/2001 | |
ACTION BY CLERK (MAE). Granted: 12/17/2001 |
| 31 | | 12/17/2001 | |
APPELLEE BRIEF |
| 32 | | 12/17/2001 | |
DISK - AEB |
| 33 | | 12/31/2001 | |
MOT. EXT/TIME REPLY BRIEF (letter dated 12.31.01) |
| 34 | | 12/31/2001 | |
ACTION BY CLERK (MRY). Granted: 01/03/2002 |
| 35 | | 01/03/2002 | |
SITTING WITH THE COURT: Foughty, Donovan John |
| 36 | | 01/03/2002 | |
REPLY BRIEF |
| 37 | | 01/03/2002 | |
APPENDIX FOR REPLY BRIEF |
| 38 | | 01/10/2002 | |
Corrected Table of Authorities and pages for Reply Brief |
| 39 | | 01/11/2002 | |
DISK - RYB |
| 40 | | 01/11/2002 | |
SUPPLEMENTAL CLERK'S CERTIFICATE DATED 1-10-02 (Entries 420 thru 425) Not sent was Entry No. 419 |
| 41 | | 01/29/2002 | |
APPEARANCES: William D. Schmidt; Leslie Bakken Oliver, Brenda Berg |
| 42 | | 01/29/2002 | |
ARGUED: Schmidt; Oliver (Vol. X; Page 197) |
| 43 | | 01/29/2002 | |
ORAL ARGUMENT WEBCAST |
| 44 | | 04/18/2002 | |
DISPOSITION (Remanded w/instructions): AFFIRMED/PT, REVERSED/PT |
| 45 | | 04/18/2002 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 46 | | 04/18/2002 | |
(CONCUR in Result): Sandstrom, Dale V.: CON/RES |
| 47 | | 04/18/2002 | |
At the direction of the Court no costs will be taxed on this appeal. |
| 48 | | 04/18/2002 | |
Order/Judgment Mailed to Parties |
| 49 | | 04/26/2002 | |
Corrected/Substitute Opinion Page |
| 50 | | 05/13/2002 | |
MANDATE |
| 51 | | 05/22/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 52 | | 07/17/2007 | |
EXPUNGED - Nonpermanent record items destroyed |