Zeller v. Zeller
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| 20010134 |
Jenny A. Zeller, f/k/a
Jenny A. Meyers, n/k/a
Jenny A. Holloway, Plaintiff and Appellant
v.
Doni E. Zeller, Defendant and Appellee
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge Gary A. Holum |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
10/2001 Argument: 10/23/2001 02:45pm
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| ND cite: |
2002 ND 35
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| NW cite: |
640 N.W.2d 53
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I. North Dakota Century Code 14-09-07 is the controlling law in the State of North Dakota when a custodial parent seeks a change of residence of minor children.
A. A Motion To Change The Residence Of Minor Children Is Not In Itself A Significant Change In Circumstances.
B. The Best Interests Of The Minor Children And Not Contract Principles Should Be Controlling In A Determination Of Change Of Residence of Minor Children.
II The Stout four factor analysis should be used to determine whether to grant Appellant's motion to change residence of minor children.
A. The District Court's Finding That Appellant Complied With The Fourth StoutFactors Should Have Resulted In The Appellant's Motion To Change Residence Of Minor Children Being Granted.
B. The Evidence Supported A Finding That It Is In The Minor Children's Best Interests To Be Allowed To Change Residence
1. First Stout Factor.
2. Second Stout Factor.
3. Third Stout Factor.
4. Fourth Stout Factor.
Appellee's Statement of the Issues:
1. Did the District Court err in denying the Plaintiff-Appellant's motion to change the residence of the minor children?
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| 1 | | 05/23/2001 | |
NOTICE OF APPEAL: 05/21/2001 |
| 2 | | 05/23/2001 | |
ORDER FOR TRANSCRIPT: 05/21/2001 |
| 3 | | 06/08/2001 | |
TRANSCRIPT DATED March 30, 2001 |
| 4 | | 06/11/2001 | |
DISK - TRA |
| 5 | | 06/22/2001 | |
RECORD ON APPEAL |
| 6 | | 07/02/2001 | |
MOTION FOR LIMITED REMAND (for trial ct. to consider motion for stay) |
| 7 | | 07/02/2001 | |
ACTION BY CHIEF JUSTICE. Granted |
| 8 | | 07/02/2001 | |
ORDER OF LIMITED REMAND |
| 9 | | 07/18/2001 | |
APPELLANT BRIEF |
| 10 | | 07/18/2001 | |
APPELLANT APPENDIX |
| 11 | | 07/24/2001 | |
DISK - ATB |
| 12 | | 08/02/2001 | |
REFILED RECORD AFTER REMAND |
| 13 | | 08/20/2001 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 14 | | 08/20/2001 | |
ACTION BY CLERK (MAE). Granted: 08/30/2001 |
| 15 | | 08/30/2001 | |
APPELLEE BRIEF |
| 16 | | 08/31/2001 | |
DISK - AEB |
| 17 | | 09/17/2001 | |
REPLY BRIEF |
| 18 | | 09/18/2001 | |
DISK - RYB |
| 19 | | 10/23/2001 | |
APPEARANCES: Robert G. Will; Donald L. Peterson |
| 20 | | 10/23/2001 | |
ARGUED: Will; Peterson (Vol. X; Page 168) |
| 21 | | 10/23/2001 | |
ORAL ARGUMENT WEBCAST |
| 22 | | 02/21/2002 | |
DISPOSITION: REVERSED AND REMANDED |
| 23 | | 02/21/2002 | |
SPLIT OPINION: Maring, Mary Muehlen |
| 24 | | 02/21/2002 | |
DISSENT: Sandstrom, Dale V.: DISSENT |
| 25 | | 02/21/2002 | |
Costs taxed in favor of Appellant Jenny Zeller (nka Jenny Holloway) |
| 26 | | 02/22/2002 | |
Order/Judgment Mailed to Parties |
| 27 | | 03/15/2002 | |
MANDATE |
| 28 | | 03/19/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 29 | | 08/27/2007 | |
EXPUNGED - Nonpermanent record items destroyed |