Sommer v. Sommer

20010044 Kathleen M. Sommer, Plaintiff and Appellee
v.
Donald H. Sommer, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, McLean County
Judge Robert O. Wefald
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: #Bair, Bair & Garrity, LLP
Appellee: #McPhail Law Firm
Term: 09/2001   Argument: 09/11/2001  9:30am
ND cite: 2001 ND 191
NW cite: 636 N.W.2d 423

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Issues: Appellant's Statement of the Issues:
1. The district court's award of permanent spousal support to Kathleen is clearly erroneous
A. Kathleen was not disadvantaged by the divorce
B. Kathleen did not forego any opportunities or lose advantages due to the marriage
C. Kathleen does have a comparable earning ability
D. Kathleen is not disabled
E. One minor incident does not support a finding of domestic violence
F. Kathleen's financial misconduct was ignored by the court
G. Kathleen is capable of rehabilitation
2. The court erred by not considering the property division when determining the amount of spousal support
3. The court erred in not eliminating or reducing the award of spousal support upon Don's retirement


Appellee's Statement of the Issues:
The trial court properly awarded permanent spousal support to Kathleen Sommer.
The trial court properly considered the property division when determining the amount of spousal support.
The trial court did not err in continuing spousal support without a defined reduction upon Donald's retirement.
Kathleen Sommer is entitled to an award of attorney fees for this appeal.

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Docket entries:
102/09/2001 NOTICE OF APPEAL: 02/08/2001
202/09/2001 ORDER FOR TRANSCRIPT: 02/08/2001
302/19/2001 Copy of Receipt and Acceptance of Trans. Order; Court Reporter's Estimate on Cost of Appeal TRA and
402/19/2001 Demand for Advance Payment (Lois, Scharnhorst, Ct. Reporter)
503/12/2001 RETENTION OF RECORD ON APPEAL: 03/30/2001
603/30/2001 TRANSCRIPT DATED November 22, 2000
704/03/2001 DISK - TRA (e-mailed)
804/03/2001 RECORD ON APPEAL & exhibits
905/09/2001 APPELLANT BRIEF
1005/09/2001 APPELLANT APPENDIX
1105/09/2001 DISK - ATB
1206/08/2001 APPELLEE BRIEF
1306/08/2001 APPELLEE APPENDIX
1406/08/2001 DISK - AEB
1509/11/2001 APPEARANCES: Mary Kae Kelsch, Donald Sommer; Shari J. McPhail
1609/11/2001 ARGUED: Kelsch; McPhail (Vol. X; Page 154)
1709/11/2001 ORAL ARGUMENT WEBCAST
1812/05/2001 DISPOSITION (and Remanded): AFFIRMED
1912/05/2001 SPLIT OPINION: Maring, Mary Muehlen
2012/05/2001 (CONCUR in Result): Sandstrom, Dale V.: CON/RES
2112/05/2001 Costs on appeal taxed in favor of appellee
2212/07/2001 Order/Judgment Mailed to Parties
2301/10/2002 MANDATE
2401/16/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2508/02/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 04/18/2014