Sweeney v. Sweeney
|
| 20010129 |
Danni Jane Sweeney,
n/k/a Danni Jane Lynch, Plaintiff, Appellant
and Cross-Appellee
v.
David James Sweeney, Defendant, Appellee
and Cross-Appellant
|
| Appeal from: |
District Court,
Northwest Judicial District,
Williams County
Judge Gerald H. Rustad |
|
Nature of Action: |
Child Cust & Support (Div.\other)
|
| Counsel: |
|
| Term: |
09/2002 Argument: 09/17/2002 01:30pm
|
| ND cite: |
2002 ND 206
|
| NW cite: |
654 N.W.2d 407
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
1. Whether the Trial Court's determination not to grant Appellant's Motion for a change of custody of Charlie was clearly erroneous?
2. Whether the Trial Court's failure to award Appellant his attorney's fees and costs was an abuse of discretion?
3. In the alternative, if custody remains with Danni, whether the Trial Court's failure to suspend Appellant's child support, as a means to recoup David's attorney's fees and costs, was an abuse of discretion?
Appellee's Statement of the Issues:
I. The district court acted within its discretion in refusing to change custody
.
II. The facts of the case do not justify any more drastic "remedy" than those imposed.
III. Danni has not obstructed visitation.
VI. Appellant's request for a cost assessment is totally unwarranted.
|
|
 Add Docket 20010129 RSS
|
| 1 | | 05/18/2001 | |
NOTICE OF APPEAL: 05/17/2001 |
| 2 | | 05/18/2001 | |
ORDER FOR TRANSCRIPT: 05/17/2001 |
| 3 | | 05/29/2001 | |
RETENTION OF RECORD ON APPEAL: 08/15/2001 |
| 4 | | 07/05/2001 | |
MOT. EXT/TIME TRANSCRIPT (Michael Levitt) |
| 5 | | 07/05/2001 | |
ACTION BY TRIAL COURT (Rustad). Granted: 08/15/2001 |
| 6 | | 08/20/2001 | |
MOT. EXT/TIME TRANSCRIPT w/cover ltr. (Michael Levitt) |
| 7 | | 08/20/2001 | |
ACTION BY CHIEF JUSTICE. Granted: 10/15/2001 |
| 8 | | 11/26/2001 | |
MOT. EXT/TIME TRANSCRIPT (Levitt letter dated 11/19/2001). Granted: 12/19/2001 |
| 9 | | 11/26/2001 | |
ACTION BY CHIEF JUSTICE. Granted: 12/19/2001 |
| 10 | | 12/27/2001 | |
MOT. EXT/TIME TRANSCRIPT (Mike Levitt) |
| 11 | | 12/27/2001 | |
ACTION BY CHIEF JUSTICE (no further extensions; see 12/27/01 letter). Granted: 01/18/2002 |
| 12 | | 03/20/2002 | |
RECORD ON APPEAL & exhibits |
| 13 | | 03/20/2002 | |
NOTICE OF CROSS APPEAL filed in the trial court on May 25, 2001 |
| 14 | | 03/26/2002 | |
TRANSCRIPT COMMENCING 6-20-97 (VOL. I); TRANS. COMMENCING 9-3-98 (VOL. II); TRANS. COMMENCING |
| 15 | | 03/26/2002 | |
8-7-00 (VOL. III); TRANS. COMMENCING 8-7-00 (VOL. IV); & TRANS. COMMENCING 8-7-00 (VOL. V) |
| 16 | | 03/27/2002 | |
DISKS (2) (TRA -- 9-3-98; 9-7-99; & 8-7-00) |
| 17 | | 03/27/2002 | |
DISK NONCOMPLIANCE for TRANS. dated 6-20-97 (E-Mail Message from Michael Levitt) |
| 18 | | 03/27/2002 | |
DISK - TRA (6-20-97) (Scanned) |
| 19 | | 04/01/2002 | |
Certificate of Service of Appeal Transcript |
| 20 | | 04/22/2002 | |
MOTION FOR VOLUNTARY DISMISSAL OF APPEAL |
| 21 | | 04/22/2002 | |
ACTION BY CLERK. Granted |
| 22 | | 04/22/2002 | |
Order of Dismissal Mailed to Parties |
| 23 | | 05/01/2002 | |
MOT. EXT/TIME APPELLANT BRIEF, with attachment (David Sweeney) |
| 24 | | 05/01/2002 | |
ACTION BY CLERK. Granted: 05/22/2002 |
| 25 | | 05/02/2002 | |
Letter from Irvin Nodland that he has no objection to the extension of time |
| 26 | | 05/21/2002 | |
APPELLANT BRIEF (Brief of Cross-Appellant David Sweeney) |
| 27 | | 05/21/2002 | |
APPELLANT APPENDIX (2 Volumes) |
| 28 | | 05/22/2002 | |
DISK - ATB |
| 29 | | 06/21/2002 | |
APPELLEE BRIEF (Brief of Cross-Appellee Dannie Sweeney) |
| 30 | | 06/21/2002 | |
APPELLEE APPENDIX |
| 31 | | 06/26/2002 | |
DISK - AEB |
| 32 | | 07/03/2002 | |
REPLY BRIEF (of Cross-Appellant David Sweeney) |
| 33 | | 07/03/2002 | |
attached addendum |
| 34 | | 07/05/2002 | |
DISK - RYB |
| 35 | | 09/17/2002 | |
APPEARANCES: For cross-appellant Charles L. Neff; For cross-appellee Irvin B. Nodland |
| 36 | | 09/17/2002 | |
ARGUED: Neff; Nodland |
| 37 | | 09/17/2002 | |
ORAL ARGUMENT WEBCAST |
| 38 | | 12/20/2002 | |
DISPOSITION (and remanded): AFFIRMED/PT, REVERSED/PT |
| 39 | | 12/20/2002 | |
SPLIT OPINION: Neumann, William A. |
| 40 | | 12/20/2002 | |
(DISSENT): Sandstrom, Dale V.: DISSENT |
| 41 | | 12/20/2002 | |
At the direction of the Court, no costs will be taxed in this appeal. |
| 42 | | 12/24/2002 | |
Order/Judgment Mailed to Parties |
| 43 | | 01/15/2003 | |
MANDATE |
| 44 | | 01/16/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 45 | | 01/24/2008 | |
EXPUNGED - Nonpermanent record items destroyed |