Dufner v. Dufner

20010163 Joe M. Dufner, Plaintiff, Appellant
and Cross-Appellee
v.
Kerry A. Dufner, Defendant, Appellee
and Cross-Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Bruce E. Bohlman
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Johnson & Associates, P.C.
Appellee: Pearson Christensen & Clapp, PLLP
Term: 11/2001   Argument: 11/27/2001  1:30pm
ND cite: 2002 ND 47
NW cite: 640 N.W.2d 694

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.Whether the trial court erred as a matter of law in failing to award the plaintiff a divorce on the ground of adultery.
II.Whether the trial court's decision to grant both parties a divorce on the ground of irreconcilable differences is clearly erroneous.
III.Whether the trial court erred as a matter of law in performing the child support calculation.
IV.Whether the trial court's child support determination is clearly erroneous.
V.Whether the trial court erred as a matter of law and abused it's discretion in dividing the marital estate.
VI.Whether the trial court's division of the marital estate is clearly erroneous.

Appellee's Statement of the Issues:
Appeal: Was the basis upon which the District Court granted the parties' divorce clearly erroneous?
Was the District Court's child support calculation an abuse of discretion or otherwise in error?
Was the division of property clearly erroneous?
Cross-Appeal: Was the District Court's child custody determination clearly erroneous?

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Docket entries:
106/29/2001 NOTICE OF APPEAL: 06/25/2001
206/29/2001 ORDER FOR TRANSCRIPT: 06/25/2001
306/29/2001 RETENTION OF RECORD ON APPEAL: 08/14/2001
407/30/2001 NOTICE OF CROSS APPEAL
508/15/2001 TRANSCRIPT DATED August 24, 2000, March 6, 2001 and March 13 & 14, 2001, (2 Volumes)
608/15/2001 DISK - TRA's of Aug 14, 2000 & Mar. 6, 2001
708/20/2001 DISK - TRA (3/13 & 14/2001)
808/21/2001 RECORD ON APPEAL; Exhibits; Interim Order Transcript dated 8-24-00 (NOTE: Clerk's Cert. No. 114 -
908/21/2001 orig. and 2 copies of Interim Order TRA dated 8-24-00 were filed in the Supreme Ct. 8-15-01)
1009/24/2001 APPELLANT BRIEF
1109/24/2001 APPELLANT APPENDIX
1209/26/2001 SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD #122 (Motion for Dismissal; Order)
1309/28/2001 8 corrected copies of TOA and pages for ATB and an extra unbound copy of ATB
1409/28/2001 DISK of ATB
1510/08/2001 Orig. Aff. of Service by Facsimile Transmission (Corrected Table of Authorities/p. 13 of ATB)
1610/08/2001 (inserted into orig. ATB)
1710/24/2001 APPELLEE BRIEF
1810/24/2001 APPELLEE APPENDIX
1910/29/2001 DISK - AEB
2011/27/2001 APPEARANCES: Ward K. Johnson III; Jay H. Fiedler
2111/27/2001 ARGUED: Johnson; Fiedler (Vol. X; Page 180)
2211/27/2001 ORAL ARGUMENT WEBCAST
2303/12/2002 DISPOSITION (and remanded): AFFIRMED/PT, REVERSED/PT
2403/12/2002 UNANIMOUS OPINION: Kapsner, Carol Ronning
2503/12/2002 At the direction of the court no costs will be taxed in this appeal
2603/13/2002 Order/Judgment Mailed to Parties
2704/04/2002 MANDATE
2804/08/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2909/11/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/22/2014