Dickson v. Dickson

20010011 Stephanie R. Dickson, Plaintiff and Appellant
v.
Thomas A. Dickson, Defendant and Appellee

Appeal from: District Court, Northeast Judicial District, McHenry County
Judge John C. McClintock, Jr.
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Robertson Law Office, P.C.
Appellee: Thomas M. Tuntland
Term: 04/2001   Argument: 04/18/2001  2:45pm
ND cite: 2001 ND 157
NW cite: 634 N.W.2d 76

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Issues: Appellant's Statement of the Issues:
1. Whether the Trial Court's denial of move on grounds that the Plaintiff has not met her burden in proving that the proposed move would improve the economics and non-economics of her and Gracie's life was clearly erroneous?
2. Whether the Trial Court's denial of move on grounds that the proposed move would have a negative impact on the Defendant's ability to maintain and preserve a close relationship with the minor child was clearly erroneous?

Appellee's Statement of the Issues:
Was the Trial Court's finding that the custodial parent, Stephanie Dickson, failed to meet the burden of proof that her proposed move from North Dakota to California with the parties' minor child was in the parties' best interests when the evidence showed that there had been persistent difficulties with visitation following the divorce, that Stephanie Dickson had frustrated rather than fostered visitation between the parties' child, Gracie, and the child's father, Thomas Dickson, and the evidence showed that Stephanie Dickson had limited her job search for a teaching position to the immediate Bismarck/Mandan area?

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Docket entries:
101/10/2001 NOTICE OF APPEAL: 01/08/2001
202/06/2001 RECORD ON APPEAL (4 volumes)(not rec'd-30(transcript), 92(deposition transcript), 172A(exhibit D),
302/06/2001 173(transcript)
402/13/2001 Request for advance payment of transcript (Deb Martinson)
502/13/2001 Clerk's Supplemental Cert. of ROA dated February 12, 2001, with separates 30 (tra. dated 8/25/94),
602/13/2001 92(deposition transcript), 172a(Def. Exhibit D), 173 (transcript dated 8/21/2000)
702/19/2001 Letter dated 2-16-01 from McHenry Co. Dist. Ct. Clerk's Office informing us the bond has been filed
802/16/2001 APPELLANT BRIEF (red covers)
902/16/2001 APPELLANT APPENDIX (Missing docket sheet of lower court & NOA)
1002/16/2001 DISK - ATB
1102/21/2001 Transcript dated 8-21-00
1202/22/2001 DISK - TRA (8-21-00)
1302/22/2001 Blue covers for ATB; copies of docket sheet of lower court & Notice of Appeal for ATA
1403/19/2001 APPELLEE BRIEF
1503/20/2001 DISK - AEB
1603/22/2001 DISK - AEB (Corrected)
1704/03/2001 REPLY BRIEF
1804/03/2001 DISK - RYB
1904/18/2001 APPEARANCES: Isabella Robertson, Stephanie Dickson; Thomas M. Tuntland
2004/18/2001 ARGUED: Robertson; Tuntland (Vol. X; page 125)
2104/18/2001 ORAL ARGUMENT WEBCAST
2209/05/2001 DISPOSITION: REVERSED AND REMANDED
2309/05/2001 SPLIT OPINION: Neumann, William A.
2409/05/2001 (CONCUR and DISSENT): Maring, Mary Muehlen: CON/DIS
2509/05/2001 (CONCUR and DISSENT): Sandstrom, Dale V.: CON/DIS
2609/05/2001 Costs and appeal taxed in favor of appellant
2709/06/2001 Order/Judgment Mailed to Parties
2810/05/2001 MANDATE
2910/10/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3007/19/2007 EXPUNGED - Nonpermanent record items destroyed

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