McDowell v. McDowell

20010056 Sharon A. McDowell, Plaintiff and Appellee
v.
Jefferey T. McDowell, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Gary A. Holum
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Bosard, McCutcheon & Rau, Ltd.
Appellee: Pringle & Herigstad, P.C.
Term: 09/2001   Argument: 09/05/2001  2:45pm
ND cite: 2001 ND 176
NW cite: 635 N.W.2d 139

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Issues: Appellant's Statement of the Issues:
1.Did the Court err in granting custody to Sharon McDowell when it did not explain the reason for the decision? It did so in part by preventing a witness from testifying.
2. Did the Court err in restricting visitation to Jeff McDowell without any explanation?
3. Did the Court err in the child support calculation?
4. Did the Court err in denying Jeff McDowell any spousal support and when he was disadvantaged by the relationship and on account of his prior work related injury?
5. Did the Court in denying on this long term marriage an equitable division to Jeff McDowell when it gave the bulk of the assets to Sharon, but used Jeff's financial resources to pay family debts? Jeff's receipt of nothing more than clothing and the property of others is not equitable.
6. Should the Court have awarded Jeff McDowell partial attorney fees?


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Docket entries:
102/26/2001 NOTICE OF APPEAL: 02/23/2001
202/26/2001 Copies of Motion and Brief to Reduce Cost Bond on Appeal and to Waive Transcript Cost; Cash
302/26/2001 Undertaking for Costs on Appeal; Affidavit of Jefferey T. McDowell
402/26/2001 ORDER FOR TRANSCRIPT (Laurel Marsh): 02/23/2001
502/28/2001 Copy of letter from Laurel Marsh to Robert Rau dated 2-27-01 RE: cost of transcript
602/28/2001 RETENTION OF RECORD ON APPEAL: 04/14/2001
704/17/2001 MOT. EXT/TIME TRANSCRIPT
804/17/2001 ACTION BY TRIAL COURT. Granted: 04/21/2001
904/18/2001 TRANSCRIPTS DATED July 2, 1999, October 19, 1999, & October 21, 1999 (Vols. 1-3)
1004/19/2001 DISK of TRA
1105/07/2001 RECORD ON APPEAL (3 Volumes) and exhibits. Not sent was #84 (Plaintiff's Exh. 17 - Tomb Raider
1205/07/2001 Computer Game)
1305/11/2001 APPELLANT BRIEF
1405/11/2001 APPELLANT APPENDIX
1505/21/2001 Corrected TOA and pages for ATB
1605/21/2001 DISK - ATB
1706/06/2001 MOT. EXT/TIME APPELLEE BRIEF
1806/06/2001 ACTION BY CLERK. Granted: 06/26/2001
1906/26/2001 APPELLEE BRIEF
2006/27/2001 DISK - AEB
2109/05/2001 APPEARANCES: Robert S. Rau, Jeffrey T. McDowell; Carol K. Larson, Sharon A. McDowell
2209/05/2001 ARGUED: Rau; Larson (Vol X; P 150)
2309/05/2001 ORAL ARGUMENT WEBCAST
2411/02/2001 DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT
2511/02/2001 UNANIMOUS OPINION: Kapsner, Carol Ronning
2611/02/2001 No costs will be taxed on this appeal
2711/02/2001 Order/Judgment Mailed to Parties
2811/28/2001 MANDATE
2912/03/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3008/08/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 07/31/2014