Toni v. Toni

20010084 Conrad R. Toni, Plaintiff and Appellee
v.
Sheila A. Toni, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellee: Serkland Law Firm
Appellant: Nilles, Plambeck, Selbo & Harrie, Ltd.
Term: 09/2001   Argument: 09/11/2001  2:45pm
NW cite: 636 N.W.2d 396

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Whether a divorce stipulation regarding spousal support can divest the trial court of its statutory authority to modify the amount and duration of such support in the future due to changed circumstances.
If a divorce stipulation may divest the trial court of its authority to modify the spousal support contained within it, whether Section III(O) of the parties' divorce stipulation in this case was sufficient to divest the trial court of its statutory authority to modify the duration of spousal support in the future.

Appellee's Statement of the Issues:
I. Whether the parties to a divorce settlement agreement may contract to make spousal support nonmodifable by divesting the court of jurisdiction over the issue.
II. Whether the trial court properly concluded that it had no jurisdiction to modify spousal support under a judgment in which the court was divested of such jurisdiction.

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Docket entries:
103/26/2001 NOTICE OF APPEAL: 03/23/2001
203/26/2001 ORDER FOR TRANSCRIPT (Vicky Matthys): 03/23/2001
304/18/2001 RETENTION OF RECORD ON APPEAL: 05/12/2001
405/03/2001 TRANSCRIPT DATED January 17, 2001
505/04/2001 DISK - TRA of 1-17-01
605/08/2001 RECORD ON APPEAL w/exception of Entry Nos. 8 & 27(Tapes)
706/12/2001 APPELLANT BRIEF
806/12/2001 APPELLANT APPENDIX
906/19/2001 Corrected covers for ATB and ATA
1006/19/2001 DISK - ATB
1107/16/2001 APPELLEE BRIEF
1207/17/2001 DISK - AEB (opened in Quick View)
1307/31/2001 REPLY BRIEF of Appellant
1408/01/2001 DISK - RYB
1509/07/2001 Request for Radio/TV Coverage - AP (e-mail from Jack McDonald dated 9-06-01) (APPROVED)
1609/11/2001 APPEARANCES: LaDonne R. Vik; Maureen Holman
1709/11/2001 ARGUED: Vik; Holman (Vol. X; Page 155)
1809/11/2001 ORAL ARGUMENT WEBCAST
1912/05/2001 DISPOSITION: AFFIRMED
2012/05/2001 SPLIT OPINION: VandeWalle, Gerald W.
2112/05/2001 (DISSENT): Maring, Mary Muehlen: DISSENT
2212/05/2001 Costs on appeal taxed in favor of appellee
2312/07/2001 Order/Judgment Mailed to Parties
2401/10/2002 MANDATE
2501/15/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2608/14/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014